Legal Question in Business Law in California
Form Interrogatories- General CA
2.11 At the time of the INCIDENT were you acting as an agent or employee for any person? if so state:
My question is if I am a shareholder with a title does this make me an agent or employee?
Our company has no employees
Do I have to describe my duties ?
3 Answers from Attorneys
Re: Form Interrogatories- General CA
The interrogatory is usually directed toward car accidents. It can be re-written: "Were you on-the-job at the time of the accident." It also can be rephrased, "Were you at work (or doing work-related functions) at the time of the incident." That's what it means. If you were doing something for the company in which you hold shares at the time of the incident (whatever the incident was), and the incident related to your company for which it potentially could be held liable, then you should appropriately answer this interrogatory.
Re: Form Interrogatories- General CA
Being a shareholder in a corporation does not, in and of itself, make you the corporation's agent or employee.
Further, the holding of an office does not, without more, make you an employee. However, the holding of an office in the corporation, hence having a title, is likely to give you the power of an agent, based on the office held.
Whether you were acting as an agent in connection with the INCIDENT is a question of fact that you can probably answer yourself. Just because you are the corporation's agent, ex officio, doesn't mean you were acting in that capacity in any particular occurrence or transaction.
Re: Form Interrogatories- General CA
Being a shareholder in a corporation does not, in and of itself, make you the corporation's agent or employee.
Further, the holding of an office does not, without more, make you an employee. However, the holding of an office in the corporation, hence having a title, is likely to give you the power of an agent, based on the office held.
Whether you were acting as an agent in connection with the INCIDENT is a question of fact that you can probably answer yourself. Just because you are the corporation's agent, ex officio, doesn't mean you were acting in that capacity in any particular occurrence or transaction.
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