The Community Youth Center (CYC) Corporation failed to pay its annual registration fee in 2000 and was
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The Community Youth Center (CYC) Corporation failed to pay its annual registration fee in 2000 and was automatically dissolved by the state corporation commission. CYC continued to operate and held itself out as a corporation well into 2005 when it obtained a loan from the First Community Bank to finance a swimming pool at its facility. The loan was secured by the CYC property. After the corporation defaulted on its loan payments, the bank foreclosed and subsequently purchased the property at a foreclosure sale. CYC contended that the president, vice president, and treasurer of CYC had no standing to make the 2005 loan transaction because CYC’s corporate status had been terminated. The bank contended that under the doctrine of corporation by estoppel, CYC continued to exist in 2005, and, consequently, the officer-directors had authority to borrow money and grant a deed of trust, thereby giving the bank a valid lien on the property. Decide. [First Community Bank, N.A. v. Community Youth Center, 2010 WL 8696179 (Ca. Cir. Ct.)]
CorporationA Corporation is a legal form of business that is separate from its owner. In other words, a corporation is a business or organization formed by a group of people, and its right and liabilities separate from those of the individuals involved. It may...
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Business Law Principles for Today's Commercial Environment
ISBN: 978-1305575158
5th edition
Authors: David P. Twomey, Marianne M. Jennings, Stephanie M Greene