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The Exec. Dir. of a Corp., we'll call Corp. 1, is also the Exec. Dir. of another corp. (Corp. 2) which is under the umbrella of Corp. 1.
These are both non-profit entities. In January, there
was an amendment to the bylaws of Corp. 1, which was to
not allow any real estate transaction of over $200,000
to happen without Board approval and especially
without the knowledge of the Real Estate Committee.
So, fast forward to April and the Exec. Director of
Corp. 1 decided to sell Corp.1's office building to
Corp. 2. This deal was done without a real estate
attorney, was done without board approval (since the
sale of the building was near $1 million and Corp 1
put up $130,000 for Corp 2 to buy the building), was
done without real estate committee approval, and there
were no promissory note or any other agreements made
between Corp.1 and Corp. 2. They closed on the deal but now Corp. 2 might go bankrupt. What could happen with Corp. 1 in this deal?

2007-09-04 03:38:25 · 2 answers · asked by Jazoney 1 in Politics & Government Law & Ethics

2 answers

They are related entities. The bankruptcy trustee will take a close look at, and can void, any transactions among or between the two. In this case, it looks like Corp. 2 actually benefitted from the transaction. If corp.1 now tries to void the transaction, that may be looked at very closely.

2007-09-04 03:45:13 · answer #1 · answered by Anonymous · 1 0

Verify the provisions of the constitution and b-laws of the corporation if what was done was allowed under applicable provisions.

2007-09-04 10:46:15 · answer #2 · answered by FRAGINAL, JTM 7 · 0 1

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