Thomas J. Hall and Judith A. Archer A Corporate President's Authority to Commence Corporate Litigation
Even where a president's authority to authorize a corporation to commence litigation is lacking, however, a corporate president who is also a stockholder of the corporation may be able to seek relief for the corporation through a shareholder derivative action, contributors Thomas J. Hall and Judith A. Archer write.
February 16, 2023 at 11:14 AM
10 minute read
Commercial Litigation
A corporation's board of directors customarily is entrusted with overall management control of a corporation, whether through its articles of incorporation, its bylaws or applicable law. As such, the decision to have a corporation commence, or refrain from commencing, litigation usually rests with its board. There are times, however, recognized by the New York Court of Appeals and other precedent, when absent board action those decisions may validly be made by the corporation's president.
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