For Your Data Sadler V. Ncr Company Representative Brief
April 29, 2015
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Sadler v. NCR Corporation illustration brief summary
928 F.2d 48 (2d Cir. 1991)
CASE FACTS
Plaintiffs, New York residents, sued nether New York constabulary to compel accused unusual corporation, which did trouble concern inwards New York, to supply a listing of tape stockholders together with to compile together with create a listing of non-objecting beneficial owners (NOBO). Defendant's state of incorporation, Maryland, did non permit plaintiffs to obtain the lists.
DISCUSSION
The lodge compelling accused to create stockholder together with NOBO lists was affirmed because New York constabulary did non violate the commerce clause and plaintiffs properly requested the lists nether New York law.
Recommended Supplements for Corporations together with Business Associations Law
928 F.2d 48 (2d Cir. 1991)
CASE SYNOPSIS
Defendant sought review of an lodge of the District Court for the Southern District of New York compelling it to create a stockholder listing together with compile a listing of non-objecting beneficial owners pursuant to New York law.CASE FACTS
Plaintiffs, New York residents, sued nether New York constabulary to compel accused unusual corporation, which did trouble concern inwards New York, to supply a listing of tape stockholders together with to compile together with create a listing of non-objecting beneficial owners (NOBO). Defendant's state of incorporation, Maryland, did non permit plaintiffs to obtain the lists.
DISCUSSION
- The courtroom held that N.Y. Bus. Corp. Law § 1315 authorized production of the shareholder together with NOBO lists.
- Plaintiffs were qualified persons nether the statute to obtain the lists, fifty-fifty though they named only about other every minute their agent for purposes of inspecting the records.
- N.Y. Bus. Corp. Law § 1315 also compelled accused to compile together with create a NOBO listing when 1 was requested past times plaintiffs.
- N.Y. Bus. Corp. Law § 1315 did non violate the Commerce Clause, U.S. Const. art.I, § 8, cl. 3.
- There was no straight conflict or inconsistency betwixt New York together with Maryland law.
The lodge compelling accused to create stockholder together with NOBO lists was affirmed because New York constabulary did non violate the commerce clause and plaintiffs properly requested the lists nether New York law.
Recommended Supplements for Corporations together with Business Associations Law