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Getting a good grasp of the law of Business Organizations require gaining a facility with reading complex business law court cases. Donahue v. Rodd Electrotype
Getting a good grasp of the law of Business Organizations require gaining a facility with reading complex business law court cases. Donahue v. Rodd Electrotype case, one of the most famous corporate law. In Donahue, the court reaches the conclusion that "the close corporation bears striking resemblance to a partnership." Answer the following questions: What is a close corporation? Why are the main differences between publicly traded corporations and close corporations? In what ways does the close corporation resemble a partnership? What does the court mean by the following statement? "Although the corporate form provides the above-mentioned advantages for the stockholders (limited liability, perpetuity, and so forth), it also supplies an opportunity for the majority stockholders to oppress or disadvantage minority stockholders." What is shareholder oppression? How exactly can a majority shareholder oppress a minority shareholder? How can minority shareholders protect themselves from potential "oppression" by majority shareholders? Why did the court conclude that: "Unless an equal opportunity is given to all stockholders, the purchase of shares from a member of the controlling group operates as a preferential distribution of assets."? Do you agree with the court's conclusion? Please explain your rationale. Please respond to the following statement: "When the founder of a successful corporation retires, and hand over the corporation to their children or other family members, the potential for conflicts and litigation increases exponentially," Do you agree or disagree? Please provide the rationale for your conclusion
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