Similarly, “an opinion means that a company has been `properly organized`, that the company has been properly established, and that it has taken additional steps to establish its basic organizational structure.” Id. at § 6.3. I realized that Bradley was giving me way too much credit – I had never written about it properly. So here we go. So, if it appears correctly in an artistic term with broader substantive implications, leave it alone. But outside of these contexts, it`s usually redundant. For this reason, garner`s Dictionary of Legal Usage, at 301, says in reference to duly authorized: “Because authorization refers to the granting of real or official power, the proper (i.e. `right`) is generally useless. Similarly, it is properly redundant in properly signed sentences. “This is duly redundant – since the provision specifies what must be terminated under the contract, it follows that any notice that meets these requirements has been properly made. Notice and other communication under this Agreement.
shall be deemed to have been duly delivered if requested by registered or registered mail, acknowledgement of receipt, postage, addressed or sent to the respective addresses indicated below: . The performance, delivery and performance of this Agreement by that party has been duly and validly approved by all necessary corporate or similar procedures (including, but not limited to, the approval of the Board of Directors and, if necessary, shareholders). This Agreement has been duly signed and delivered by that party and constitutes that party`s legal, valid and binding obligation to be enforceable against that party in accordance with its terms. Properly recorded and well-organized sentences find a role in both contracts and legal notices. In U.S. states such as Delaware, a “properly formed” corporation has properly applied for incorporation, followed the requirements for registered companies, and has documents proving these activities. On the other hand, a company could be ill-founded or organized if it has applied for incorporation but has not complied with the requirements of its founding State. Erroneous incorporation entails, among other things, the personal liability of its directors and shareholders if the defects lead to a court entering the corporate veil.
Investors or buyers of a business want to know that the company is “properly incorporated.” As in the first example above, appropriate is often associated with valid. When it comes to contracts, redundancy is what society likes. @KonciseD Only 11:12 CST and I have already met these two: “duly appointed” and “duly approved”. According to Black`s Law Dictionary, an adverb meaning “In the right way; in accordance with legal requirements. But usually, the verb or sentence that changes correctly contains the word “appropriately,” which correctly makes it superfluous. But appropriate can also be used to highlight a wider range of concerns. For example, “An opinion that a corporation has been `properly incorporated` means that the founders have met all the requirements in effect at the time of incorporation so that the corporation can be incorporated under the applicable law of the corporation, and that government officials have taken the steps required by that law to establish the corporation as a corporation.” Scott T. Fitzgibbon, Donald W. Glazer & Steven O. Weise, Glazer & Fitzgibbon on Legal Opinions § 6.2 (3rd ed. 2012). Since, in this context, “properly integrated” is the abbreviation for a number of problems, the word “organized” alone cannot contain the word “appropriately”, so the word correctly is not redundant.
Note that this policy may change if the SEC manages to SEC.gov to ensure that the site operates efficiently and remains available to all users. — Bradley B. Clark (@bradleybclark) September 19, 2012 Please report your traffic by updating your user agent to include company-specific information. By using this website, you agree to security monitoring and auditing. For security reasons and to ensure that the public service remains accessible to users, this state computer system uses network traffic monitoring programs to identify unauthorized attempts to upload or modify information, or otherwise cause damage, including attempts to deny service to users. If a user or application sends more than 10 requests per second, other requests from the IP address may be limited for a short time. Once the request rate has fallen below the threshold for 10 minutes, the user can continue to access the content on SEC.gov. This SEC practice is designed to limit excessive automated searches on SEC.gov and is not intended or should not affect anyone browsing the site SEC.gov. If something has been allowed, then it has necessarily been properly authorized. If the appropriate procedures had not been followed, no authorisation would have been granted. For example, if a fraudster signs on behalf of a party, the contract was not signed by that party.
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