De Facto Corporate Officer

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De Facto Officer Law and Legal Definition USLegal, Inc.

https://definitions.uslegal.com/d/de-facto-officer/

De Facto Officer refers to an officer holding a colorable right or title to the office accompanied by possession. The lawful acts of an officer de facto, so far as the rights of third persons are concerned, when done within the scope and by the apparent authority of office, are valid and binding. The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title …

De Facto Officer Doctrine - Freedom School

https://www.freedom-school.com/law/de-fact-officer-doctrine.pdf

A good definition of a de facto officer is found in Texas Jurisprudence, 3d, Vol. 60, Sec. 344, at page 583: A public official becomes an officer de facto by exercising his or her duties: (1) without a known appointment or election, but under circumstances of reputation or acquiescence that were calculated to induce people, without

The 'De Facto' Officer Doctrine - JSTOR

https://www.jstor.org/stable/1120535

THE DE FACTO OFFICER DOCTRINE For over five hundred years,1 courts have used the de facto officer doctrine to immunize from attack by private parties the validity of certain acts of public officers who exercise "'the duties of an office under color of an appointment or election to that office' "2 but whose lawful and legal title or

De Jure, De Facto Officer Doctrine - Notary Colorado Springs

https://abclegaldocs.com/blog-Colorado-Notary/de-jure-de-facto-officer-doctrine/

A de facto officer is defined as one who, under color of authority, exercises a corporate office. H. Henn, Handbook of the Law of Corporations 222 (2d ed. 1970). The underlying policy for the doctrine of de facto officers is the protection of the interests of the public and individuals dealing with such “officers.”

De Facto legal definition of De Facto

https://legal-dictionary.thefreedictionary.com/de+facto

De Facto. [Latin, In fact.] In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office, position, or status existing under a claim or color of right, such as a de facto corporation. In this sense it is the contrary of de jure, which means rightful, …

Differences Between De Facto, De Jure and Corporations by ...

https://www.shanesmithlaw.com/library/differences-between-de-facto-de-jure-and-corporations-by-estoppel.cfm

To be considered a “de facto” corporation, the parties who tried to establish it must have acted in good faith and must be running their business as a corporation. This common law doctrine was created to try and offer individuals who thought they were running a valid corporation a certain degree of limited liability once they learn that their good faith efforts to establish a valid corporation failed.

Do De Facto Officers Owe Fiduciary Duties?

https://www.calcorporatelaw.com/2015/08/do-de-facto-officers-owe-fiduciary-duties

Aug 05, 2015 · Nonetheless, the plaintiff argued that the defendant owed it a fiduciary duty as a de facto officer. The Court found that under California law it is "the actual appointment that creates corporate officership triggering the fiduciary duty and other attendant responsibilities." Nonetheless, it recognized two exceptions to this general rule.

Do De Facto Officers Owe Fiduciary Duties? Allen Matkins ...

https://www.jdsupra.com/legalnews/do-de-facto-officers-owe-fiduciary-23624/

Aug 05, 2015 · A recent ruling by Magistrate Judge Jacqueline Scott Corley addressed the interesting question of whether a consultant might owe a fiduciary duty as a de facto officer.Music Grp.

Ryder v. United States, 515 U.S. 177 (1995).

https://www.law.cornell.edu/supct/html/94-431.ZO.html

Jun 12, 1995 · The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person's appointment or election to office is deficient. Norton v. Shelby County, 118 U.S. 425, 440 (1886). "The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious …HTML version WordPerfect version: HTML version, …

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