Legal Question in Business Law in California
business /corporate law
can a the President of a corp change the operating name without the approval o the directors
3 Answers from Attorneys
Re: business /corporate law
Best guess is it depends on the powers granted to the president in the by-laws / corporate resolutions.
Re: business /corporate law
First, the president works for the board of directors. If the president does something the board doesn't like, the board can "can" him, get a new president, and change the name back.
Second, what someone "can" do can have at least two meanings: the POWER to do it, or the RIGHT to do it. I have the power to break contracts. If I fail to deliver the widgets, no one can force me to deliver; but if I have contracted to deliver them, I don't have the right to fail to deliver, and I can be sued for damages.
So, even if the president were not authorized to change the name, and thus didn't have the right to do it, he probably had the power to do so, and the name will stand changed unless and until it is changed back.
Re: business /corporate law
It would be unlikely that the by-laws and other corporate documents would grant the president the authority to unilaterally change the company name. Otherwise, in Georgia, it would have to be done by the shareholders or the board of directors.
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