Cyclopedia of the Law of Private Corporations, Volumen7

Portada
Callaghan, 1919

Dentro del libro

Páginas seleccionadas

Contenido

Conclusiveness of order or decree assessing stockholders
7422
4239
7434
4250
7475
Discharge of stockholders waiver release and paymentScope
7494
4262
7505
Contribution among stockholders
7511
Recovery of voluntary payments
7517
Power conferred by charter or statute
7523
Persons liable rights and liabilities of pledgees agents and trustees
7531
Estoppel of stockholders acquiescence
7541
CHAPTER 57
7559
4316
7562
4351
7563
4294
7575
Legislation changing or affecting remedies
7581
4301
7588
4311
7598
4315
7604
Rates and charges of railroads and other quasi public corporations
7623
Procedure registration fees
7632
Power of majority to bind minority
7638
Presumptions as to validity of amendment or repeal intent to repeal
7643
PAGE
7648
Regulation of insurance companies
7650
4493
7651
Present value as testGeneral rule
7652
CHAPTER 58
7653
4363
7659
Power to delegate authority
7666
Corporations subject to jurisdiction of public service commissions
7672
GENERAL CONSIDERATIONS
7674
Regulations of telegraph companies
7709
Requiring consent of board or commission to issuance of stock
7713
Requiring extensions of service
7719
Regulations as to employees
7725
4434
7732
4437
7739
Regulations as to grade crossings
7747
4454
7754
Requiring wires to be put underground
7760
Power as extending to increasing as well as reducing rates
7770
Penalties for violation of rate laws
7776
Particular delegations of power
7783
Impairment of obligation of contractIn general
7790
Effect of reservation of right to regulate rates
7800
Free or reduced rates for particular passengersIn general
7819
Matters to be considered
7827
What constitutes value of service to patron or consumer
7834
Methods of valuation in general
7840
4542
7862
Depreciation fund
7869
PROCEDURE CONNECTED WITH REGULATIONS AND REVIEW THEREOF
7877
4553
7883
4561
7891
4563
7902
4569
7908
Definition of tax power to tax in general
7912
4614
7913
Nature and validity of tax in general
7914
Exactions under police power
7923
Equality and uniformityIn general
7930
4587
7993
Basis and mode of valuation
8004
4592
8032
OF THE STOCK SHAREHOLDERS AND BONDHOLDERS
8172
Situs of shares of stock in general
8182
National bank shares
8195
Remedies for illegal tax or assessment
8201
4633
8210
Impairment of contract of exemptionIn general
8217
Necessity that grant be express
8223
Construction of exemption in general
8232
Property included in exemptionIn general
8242
Exemption of stock or capital stock as exemption of property
8252
Taxes included in exemption
8258
Effect of consolidation or merger
8267
PRIVILEGE TAXES LICENSES AND INCORPORATION AND STOCKINCREASE FEES
8273
Incorporation and stockincrease fees
8279
FEDERAL TAX ON CORPORATION INCOME AND PROFITS
8294
Withdrawal or impairment of authority
8297
4723
8298
In general
8299
Rights against corporate officers
8300
Mode of conferring authority
8315
Statutory prohibitionsIn general
8321
General rules
8331
4701
8340
Transfer of property without consolidation or merger
8347
Contracts and claims of consolidating corporations
8353
Exemptions and immunities as passing to new companyIn general
8358
4727
8364
4731
8370
4738
8378
Where new corporation created by consolidationIn general
8384
Liability for torts
8392
4757
8399
Rights of third persons
8411
4787
8417
Jurisdiction parties and procedure in actions to prevent or set aside
8424
4806
8434
Mode of enforcing liability of purchasing company where there is
8440
Power to hold meetings in any of the states
8450
Jurisdiction of courts over actionsGeneral rules
8456
Definitions and distinctionsReorganization
8460
Contents in general
8461
Right to rescind
8462
4939
8463
Distinguished from combinations consolidations or mergers
8467
Reorganization as ground for abatement of action
8474
4853
8481
4860
8487
4866
8496
Change of state bank into national bankStatutory authority
8502
Necessity for and sufficiency of consideration for agreement
8508
All or part of bondholders
8515
WHAT CONSTITUTES JOINDER IN REORGANIZATION AGREEMENT AND EFFECT
8521
4914
8532
RIGHTS OF STOCKHOLDERS
8540
Right of one bondholder to exclude other bondholders from benefit
8546
RIGHTS OF UNSECURED CREDITORS
8558
EFFECT AS CONTINUATION OF CORPORATION OR CREATION OF
8564
Organization of new company as essential to its existence
8571
Succession to causes of action existing in favor of old company
8578
4975
8580
Liability for breach of agreement with creditors of old company
8586
Liability for torts
8598
5007
8604
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Términos y frases comunes

Pasajes populares

Página 7766 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Página 7362 - ... shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Página 7984 - We have repeatedly held that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, for the reason that such taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress.
Página 8029 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government.
Página 7871 - Before coming to the question of profit at all the company is entitled to earn a sufficient sum annually to provide not only for current repairs but for making good the depreciation and replacing the parts of the property when they come to the end of their life.
Página 8028 - The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Página 7956 - ... due process of law,' but if found to be arbitrary, oppressive, and unjust, it may be declared to be not 'due process of law.
Página 7947 - While reasonable classification is permitted, without doing violence to the equal protection of the laws, such classification must be based upon some real and substantial distinction, bearing a reasonable and just relation to the things in respect to which such classification is imposed; and classification cannot be arbitrarily made without any substantial basis.
Página 7845 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case.
Página 7940 - Amendment, that no state shall deny to any person within its jurisdiction the equal protection of the laws, was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways. It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries, and the property of charitable institutions. It may impose different specific taxes upon different trades nnd professions, and may vary the rates of excise upon various products.

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