QUESTION

Can a stockholder sue in the name of a corporation?

Asked on Jan 24th, 2014 on Civil Litigation - Virginia
More details to this question:
Can the cause of action, owned by the corporation, be assigned to it's majority stockholder who would represent himself in court "pro se"/
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Provided that the proper formalities are observed (i.e. that the assignment is approved by the required number of independient directors, or shareholders), a corporation can assign a cause of action (assuming the claim is assignable; there are a few types of claims which are not) to its majority shareholder, who could then prosecute it in his own name.  The corporation has an obligation to its shareholders and (depending on its situation) its creditors to get adequate consideration for the assignment, and there may also be tax consequences to the assignment.
Answered on Jan 24th, 2014 at 3:23 PM

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