Word of the day Flashcards
Fiduciary
person who holds a legal or ethical relationship of trust with one or more other parties
Ratification
act of giving formal consent to a treaty, agreement, contract, or other legal instrument
Vicarious Liability
When a principal is responsible got the actionable conduct of their agent based on the relationship between the 2 parties
Duty of Loyalty
A persons responsibility to act in the best interests of another
Agency
A consentual relationship where one party, the principal, grants authority for another party, the agent, to act on behalf of andunder the control of the principal to deal with a 3rd party
Partnership Agreement
the agreement among partners of a partnership governing their relative rights and obligations among one another with respect to the partnership
Capital Account
general ledger account that is used to record the owners contributed capital and retained earnings- the cumulative amount of a companies earnings since it was formed minus that cumulative dividens paid to the shareholders
Indemnification
the broad concept of one party
compensating another for losses, damages, or liabilities, usually due to third-party claims. It’s an agreement that safeguards one party against
the financial impacts of specific actions or events
Common Law
law that is derived from judicial decisions instead of from statutes or regulations
Bankrupcy
In the US, this is a federal court process conducted under the provisions of ch 7, 11, 12, 13, or 15 of the bankrupcy code. The process may result in liquidation or reorganization
Certificate of Limited Partnership
A certificate filed with a state office or agency for the purpose of forming a limited partnership under the laws of that state
Pass through taxation
A type of taxation, generally applicable to partnerships and LLCs, whereby the business entity is not taxed on its income. but, instead the income is “passed through” to its stakeholders. Partnerships are not subject to entity-level taxation ____(evenly?) is passed through the partnership directly to its partners, who are taxed individually.
Bylaws
one of the primary governing documents (second to the certificate of incorperation) for a corporation, in which most of the rules for the day to day operations of a corperation are set forth. Bylaws typically are selected how Board members may be appointed, how Board meetings and stockholder meetings may be called/conducted
Enviromental, social, and governance/ ESG
the three factors that are considered by and increasing number of businesses, investors, and other stakeholders (alongside more traditional factos) in a variety of decision-making.
- Examples of ESG considerstions include a company’s sustainablity policies, approach to supply chains and ensuring supply chain resilience (including modern slavery issues), labor policies, and governance issues (such as board diversity, reporting systems and processes and good Corperate Governance).