Timeframes - Upload Flashcards
(58 cards)
Agency is automatically terminated with this event (CL)
Death of principal - regardless of whether the third-party has notice of principal’s death
Some States: NOT terminated until the third-party has notice of the death
Time period after a partner’s dissociation by death or wrongful dissociation within which at least half of the remaining partners may express their will to wind up (for a partnership with a definite term)
90 days
Period after dissociation of a general partner in an LP after which the LP will undergo a non-judicial dissolution if it has no general partner (unless partners owning majority rights consent to continue)
90 days
Period after dissociation of the last limited partner after which the LP will dissolve unless it admits at least one limited partner
90 days
Maximum time prior to shareholders meeting that record date can happen
70 days
Notice must be given to all shareholders entitled to vote, and it must include meeting’s date, time, place, and description of the meeting’s purpose.
10 days (but not more than 60 days)
Under the RMBCA, a shareholder has a right to inspect and copy records of the corporation by providing at least [X] written notice.
5 days
- Unqualified right for (i) Articles of Incorporation; (ii) Bylaws; (iii) Resolutions by the Board of Directors concerning the classification of shares; (iv) Minutes of shareholder meetings for the past 3 years; (v) written communications sent to the shareholders within the last 3 years; (vi) names and business addresses of the current Directors and Officers; and (vii) its most recent Annual Report
- Certain accounting records (annual financial statements prepared for the corporation for its last three fiscal years and any audit/other reports with respect to such financial statements), excerpts of the Board of Directors’ meeting minutes, and the record of shareholders IF (and only if) made during regular business hours at a reasonable location specified by the corp., made in good faith and proper purpose, describe purpose with particularity, and requested records are directly connected with purpose
Special meetings require [X] notice (of the date, time, and place of the meeting). FOR DIRECTORS
2 days
Quorum for BoD action requires a majority of directors to make quorum. If articles of incorporation lowers the number, it cannot be less than [X] of the directors
1/3 of directors
A derivative suit CANNOT be commenced until [X] after the demand for derivative action, UNLESS the corp rejects the demand or will suffer irreparable harm if forced to wait.
90-days
An LLC is dissolved, among other rules, after the passage of this time period where the LLC has no members
90 consecutive days
Under the RMBCA, shareholders DO NOT enjoy preemptive rights unless such rights are explicitly granted in the corporation’s Articles of Incorporation. Additionally, preemptive rights DO NOT apply to: shares authorized in the Articles of Incorporation that are issued within [X] months of incorporation
6 months
Additionally, preemptive rights DO NOT apply to: (1) shares issued as compensation; (2) shares issued to satisfy conversion or option rights created to provide compensation; (3) shares authorized in the Articles of Incorporation that are issued within 6 months of incorporation; (4) shares issued for consideration other than money; OR (5) shares issued without general voting rights but with preferential rights to distributions.
Period after a person became a judgment lien creditor after which priority extends to future advances secured (unless the advance is made without knowledge of the lien)
45 days
Period within which prompt objection must be made for a merchant’s confirmatory memorandum exception to be invalid
10 days
Maximum valid duration of a proxy
11 months
Defendant MAY remove a case to federal court, among other things, if removal is sought within this time period of service of the Summons or receiving the initial pleading (whichever is shorter).
30 days
Timeframe within which Summons & Complaint must be served on defendant after filed with the court
90 days
Ex Parte TRO automatically expires after [X] days (unless court sets a short time or court extends it for good cause AND parties consent).
14 days
The adverse party may move to dissolve or modify the Ex Parte TRO on this amount of notice
2 days
Amendments to Pleadings relate back to new defendant so long as new party received notice of the original action within [X] of filing
90 days
- AS LONG AS same transaction and occurrence & the new party knew or should have known that the action would have been brought against it but for a mistake in the party’s identity
Without request, each party MUST provide initial disclosures to opposing parties within this timeframe after the Rule 26(f) “meet and confer” conference
14 days
Maximum duration of a deposition (limited to no more than X hours)
7 hours in one day
(and no more than one day)
Period during which a party cannot file a Rule 11 sanctions motion with the court (after serving the motion on the offending party) to give them time to withdraw/correct the paper/pleading
21 days
Maximum time to file renewed JMOL motion after entry of judgment
28 days