Preview

Answear

Good Essays
Open Document
Open Document
499 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Answear
14) The directors held their last meeting on December 31 at 4:30 p.m., and it was conducted more like a party than a usual meeting. A director was negligent in signing a promissory note, which cost the corporation $15,000; furthermore, the director was in breach of his fiduciary duty because the note was paid to a corporation in which he had an interest. Which of the following is true?
A) A shareholder could commence an action on behalf of the corporation against the director if he gets the court's permission to do so.
B) The proper plaintiffs in the action are the shareholders, under the relief from oppression provision.
C) If the corporation failed to start an action through its authorized agents (e.g., its directors), no action could be taken because a corporation is merely a legal concept and must act through its authorized agents.
D) The shareholders could force the director to pay the $15,000 to the corporation by insisting on their "pre-emptive rights."
E) The shareholders could dissent to this act and force the corporation to buy them out at fair market value.

15) Which of the following is false with regard to the nature of mortgages?
A) An owner of property who has granted a mortgage can grant second and third mortgages referred to as "legal" mortgages because the owner has granted to them his legal interests.
B) Unlike an agreement for sale, under which an owner retains title to his property until the purchaser makes all the payments, a mortgage is a document by which the owner conveys title to a lender.
C) A mortgage that transfers the fee simple estate to a mortgagee is called a "legal" mortgage.
D) A second mortgage is referred to as an equitable mortgage because it is the equity of redemption that is transferred to the mortgagee as security.
E) The land titles system of land registration provides that the mortgagee does not show up as the registered owner on the state of title certificate but merely as the holder of a

You May Also Find These Documents Helpful

  • Good Essays

    MGT 5015 Ch Questions

    • 542 Words
    • 2 Pages

    A deed is a written legal instrument signed by the seller of property conveying title to the buyer of the real property. There are two main types, a quitclaim deed and a warranty deed. A deed possesses certain fundamental characteristics. The parties to the deed are the grantor and the grantee and they both must be named in the deed. Consideration is the amount paid by the grantee to the grantor for the real property. Covenant in a deed usually refers to the promises made by the grantee. There must be a description of the property in the deed and it must be signed. A deed must also contain an acknowledgment before a notary public and it must be delivered. A mortgage is a lien given on real property to secure a debt. The mortgagor is the person who gives the mortgage as a security for the loan of money and the mortgagee is the person that holds the mortgage as security for the debt. Unlike a deed, with a mortgage one can borrow money for any reason and secure the loan by means of mortgage.…

    • 542 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    c. the right to share in the assets of the corporation upon dissolution before the claim of any other parties.…

    • 2589 Words
    • 11 Pages
    Satisfactory Essays
  • Good Essays

    Fleclosure Question Paper

    • 759 Words
    • 4 Pages

    (a) Commercial property financed by a conventional lender. (b) Industrial property financed by a federally related mortgage loan. (c) Residential real estate financed…

    • 759 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    covenant is met so that it does not demand repayment of the loan and mortgage,…

    • 437 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Real Estate Note Essay

    • 738 Words
    • 3 Pages

    A real estate note or mortgage note is similar to a promissory note which is a written promise or obligation to pay a specific amount, with interest, within a specific time frame. The mortgage, also known as the security instrument, pledges the property as collateral to ensure the performance on the obligation. This allows the note holder to sell the property and re-coop his investment in the event the payer does not pay as agreed.…

    • 738 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Mortgage Loan

    • 848 Words
    • 4 Pages

    A mortgage is a financial agreement between a lender and a buyer, in which the property is used as collateral for the loan. A mortgage gives the lender the right to collect payments on the loan and to foreclose on the property if those payments are not made.…

    • 848 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Article 3. General Rights of Shareholders Article 4. Facilitation of Shareholders’ Exercise of Rights and Access to…

    • 5019 Words
    • 21 Pages
    Powerful Essays
  • Good Essays

    Case Digest

    • 940 Words
    • 4 Pages

    a. First, the possession of the property mortgaged must be delivered to and retained by the mortgagee…

    • 940 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Bank Loans

    • 1525 Words
    • 7 Pages

    A mortgage loan is a very common type of debt instrument, used by many individuals to purchase housing. In this arrangement, the money is used to purchase the property. The financial institution, however, is given security — a lien on the title to the house — until the mortgage is paid off in full. If the borrower defaults on the loan, the bank would have the legal right to repossess the house and sell it, to recover sums owing to it.…

    • 1525 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Hypothecation, Pledge

    • 702 Words
    • 3 Pages

    2. In mortgage there is transfer of interest in the property of the creditor but in hypothecation there is only obligation to repay money and no transfer of interest.…

    • 702 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Introduction MFRS110

    • 2240 Words
    • 10 Pages

    (a) that other corporation I. controls the composition of the board of directors of the…

    • 2240 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    c) Most importantly, the shareholders would understand their basic rights and overall functioning of the company by the management.…

    • 1889 Words
    • 8 Pages
    Good Essays
  • Powerful Essays

    cases in labor

    • 3262 Words
    • 14 Pages

    1W/N the officers of the corporation should be held personally liable to pay for the back wages.…

    • 3262 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    Bank Securities

    • 356 Words
    • 2 Pages

    The lender should lodged the caveat when temporary loan. Secondly is transaction involves transfer of ownership at Memorandum of Transfer is pending adjudication. Thirdly, borrower refuses to pay extra stamp duties. And the last is borrower does not want any encumbrances to be indorsed on the title deed.…

    • 356 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    4. Where the company has either bought property from or sold property to a person who was…

    • 601 Words
    • 3 Pages
    Satisfactory Essays

Related Topics