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However, if the courtroom finds that the presumption doesn’t apply, then the board needs to show that the process and the substance of the transaction was fair. In fits alleging a corporation’s director violated his responsibility of care to the company, courts will evaluate the case primarily based on the enterprise judgment rule.
The purchase value of the unique item, less any money paid to government entities, corresponding to filing charges or taxes, or to different third events with a role in processing your order, shall be credited to your LegalZoom account. Any payments made directly by you to attorneys affiliated with our authorized plans or attorney-assisted merchandise aren’t eligible for exchange or credit score. Any value difference between the unique order and the replacement order or, if a replacement order is not completed inside 60 days of buy, the total authentic buy price might be credited to the original type of payment. If you paid on your original order by examine, LegalZoom will mail a check for the relevant amount to your billing tackle. When the company pleads the business judgment rule, if the court docket finds that the presumption applies, the plaintiff then should prove that the business judgment rule doesn’t apply.
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