Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Since states charter corporations, could states act to limit the damage of this ruling?

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:48 PM
Original message
Since states charter corporations, could states act to limit the damage of this ruling?
Can states revoke charters and reissue more limited ones?

I realize how difficult, if not impossible, it would be to get 50 states to cooperate in doing something, but I'm just speculating here, trying to come up with ideas.
Printer Friendly | Permalink |  | Top
Tansy_Gold Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:50 PM
Response to Original message
1. There would probably always be one state that would give them
Edited on Thu Jan-21-10 09:51 PM by Tansy_Gold
shelter -- Delaware has historically been very corporate-friendly -- in exchange for certain benefits. And it would be very difficult for states to prohibit corporations chartered in other states from doing business across state lines.

But it would be interesting to see which, if any, state would be the first to limit the corporations, and then to see how it would progress in the courts.


Tansy Gold, who is not an constitutional law expert (and apparently is not a very good typist today either since she had to edit this. . .. )
Printer Friendly | Permalink |  | Top
 
The_Commonist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:56 PM
Response to Reply #1
2. I was just thinking about Delaware.
What you said...
Printer Friendly | Permalink |  | Top
 
glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:57 PM
Response to Original message
3. Good luck getting Texas or Florida in on it.
But you are correct, states could do it. Technically feasible, just not practically. (we see how well cities and counties have faired against Walmart, for example)
Printer Friendly | Permalink |  | Top
 
w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:02 PM
Response to Reply #3
6. exactly-read my pal John Cornyn's words
Edited on Thu Jan-21-10 10:02 PM by w8liftinglady
I can see him licking his chops while he says this..
http://tpmlivewire.talkingpointsmemo.com/2010/01/cornyn-campaign-finance-decision-is-an-encouraging-step.php

Sen. John Cornyn (R-TX), Chairman of the National Republican Senatorial Committee (NRSC), issued the following statement in response to the United States Supreme Court's decision in Citizens United v. Federal Election Commission:

"I am pleased that the Supreme Court has acted to protect the Constitution's First Amendment rights of free speech and association. These are the bedrock principles that underpin our system of governance and strengthen our democracy.

"This is an encouraging step, and it is my hope that political parties will one day soon be able to speak as freely as other citizen organizations are now permitted."
Printer Friendly | Permalink |  | Top
 
rwheeler31 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:58 PM
Response to Original message
4. They are mostly in Delaware,very easy regs.
Printer Friendly | Permalink |  | Top
 
slampoet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:00 PM
Response to Original message
5. Yup Delaware is for corporations like Panama is for ships.
Printer Friendly | Permalink |  | Top
 
drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:08 PM
Response to Original message
7. Some interesting links.
Legal Strategies to Revoke the Corporate Charter

A CITIZEN'S GUIDE TO CORPORATE CHARTER REVOCATION UNDER STATE LAW

From the second link:
Keep in mind that corporations are only "chartered" in one state (often Delaware). To do business in other states, the corporation must obtain a Certificate of Authority to Do Business (or other similar name) in the other state, at which time that corporation becomes known as a "foreign corporation" in the second state. A prerequisite to the issuance of this Certificate is the condition that the corporation holds a charter in a home state.
So it may be possible for states to keep corporations from other states from doing business within their borders. If so, and if a few wealthy states could be convinced to cooperate, they might be able to put some real pressure on rogue corporations.

All in theory, of course. I'm obviously not a lawyer, and I obviously can't speak to the reliability of those sources.
Printer Friendly | Permalink |  | Top
 
drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:40 PM
Response to Original message
8. Kick for ideas.
:kick:
Printer Friendly | Permalink |  | Top
 
drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:21 AM
Response to Original message
9. Kick for the morning crowd. n/t
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu Dec 26th 2024, 09:16 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC