Philippine Bar review · Topic
Business Judgment Rule
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- Which distinction is central to applying business-judgment deference?
- A board in good faith chooses a lawful market exit within its authority, with all approvals and obligations satisfied. …
- A board approves issuance of shares below par and invokes business judgment solely because the financing is commerciall…
- A disinterested board compares lawful restructuring alternatives, obtains required approvals and chooses an asset-light…
- A board calls a prohibited below-par issuance commercial judgment and also claims the court may never examine whether t…
- A shareholder asks a court to choose an equipment-heavy model instead of the board’s lawful good-faith asset-light mode…
- Explain why enforcing Section 61 against a below-par issuance is different from choosing the corporation’s financing st…
- A lawful market exit satisfies all approvals and obligations, but a shareholder wants the enterprise to continue. Discu…