Louisiana Unanimous Written Consent by Shareholder Electing Board of Directors

Category:
Corporations - Minutes and Resolutions
State:
Multi-State
Control #:
US-01856BG
Format:
Word; 
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Description

Both the Model Business Corporation Act and the Revised Model Business Corporation Act provide that acts to be taken at a shareholders' meeting or a director's meeting may be taken without a meeting if the action is taken by all the shareholders or directors entitled to vote on the action. The action must be evidenced by one or more written consents bearing the date of signature and describing the action taken, signed by all the shareholders or directors entitled to vote on the action, and delivered to the corporation for inclusion in the minutes or filing with the corporate records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Maintain a Favorable Tax Rate ? Another way piercing the corporate veil by failing to keep annual meeting minutes in a business's corporate records can hurt its owners is that the IRS could consider shareholders to be operating as a partnership or as individuals rather than a corporation.

Resolution in lieu of meeting . A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of directors or committee of directors, is as valid as if it had been passed at a meeting of directors or committee of directors.

Probably the biggest risk for failing to hold annual shareholder meetings, as with failing to follow other corporate formalities, is that your corporation's shareholders may lose limited liability protection.

Most special meetings involve director elections, which typically work pursuant to a less-restrictive plurality standard, rather than a majority standard.

A failure to do so can result in limited or no liability protection, which is often called "piercing the corporate veil."

Annual Shareholder Meeting and Annual Board of Director Meeting. California law requires ALL California corporations, even those owned by a single shareholder, to hold an annual meeting of the shareholder(s) for the purpose of electing the board of directors.

Private (traded) companies must comply with AGMs, but private (non-traded) companies are not so obligated, Other organizations, like charities, are not legally required to hold AGMs, but it is a sound business practice to do so.

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Louisiana Unanimous Written Consent by Shareholder Electing Board of Directors
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