State Codes and Statutes

Statutes > New-york > Bsc > Article-7 > 720

§ 720. Action against directors and officers for misconduct.    (a) An action may be brought against one or more directors or officers  of a corporation to procure a judgment for the following relief:    (1) Subject  to  any  provision  of  the  certificate of incorporation  authorized pursuant to paragraph (b)  of  section  402,  to  compel  the  defendant to account for his official conduct in the following cases:    (A) The  neglect  of, or failure to perform, or other violation of his  duties in the management and disposition of corporate  assets  committed  to his charge.    (B) The  acquisition  by himself, transfer to others, loss or waste of  corporate assets due to any neglect of, or failure to perform, or  other  violation of his duties.    (2) To  set  aside  an  unlawful conveyance, assignment or transfer of  corporate assets, where the transferee knew of its unlawfulness.    (3) To enjoin a proposed unlawful conveyance, assignment  or  transfer  of  corporate assets, where there is sufficient evidence that it will be  made.    (b) An action may be brought for the relief provided in this  section,  and  in  paragraph (a) of section 719 (Liability of directors in certain  cases) by a corporation, or a receiver, trustee in bankruptcy,  officer,  director   or   judgment   creditor   thereof,  or,  under  section  626  (Shareholders' derivative action brought in the right of the corporation  to procure a judgment in its favor),  by  a  shareholder,  voting  trust  certificate  holder,  or  the  owner  of a beneficial interest in shares  thereof.    (c) This section shall not affect any liability otherwise  imposed  by  law upon any director or officer.

State Codes and Statutes

Statutes > New-york > Bsc > Article-7 > 720

§ 720. Action against directors and officers for misconduct.    (a) An action may be brought against one or more directors or officers  of a corporation to procure a judgment for the following relief:    (1) Subject  to  any  provision  of  the  certificate of incorporation  authorized pursuant to paragraph (b)  of  section  402,  to  compel  the  defendant to account for his official conduct in the following cases:    (A) The  neglect  of, or failure to perform, or other violation of his  duties in the management and disposition of corporate  assets  committed  to his charge.    (B) The  acquisition  by himself, transfer to others, loss or waste of  corporate assets due to any neglect of, or failure to perform, or  other  violation of his duties.    (2) To  set  aside  an  unlawful conveyance, assignment or transfer of  corporate assets, where the transferee knew of its unlawfulness.    (3) To enjoin a proposed unlawful conveyance, assignment  or  transfer  of  corporate assets, where there is sufficient evidence that it will be  made.    (b) An action may be brought for the relief provided in this  section,  and  in  paragraph (a) of section 719 (Liability of directors in certain  cases) by a corporation, or a receiver, trustee in bankruptcy,  officer,  director   or   judgment   creditor   thereof,  or,  under  section  626  (Shareholders' derivative action brought in the right of the corporation  to procure a judgment in its favor),  by  a  shareholder,  voting  trust  certificate  holder,  or  the  owner  of a beneficial interest in shares  thereof.    (c) This section shall not affect any liability otherwise  imposed  by  law upon any director or officer.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bsc > Article-7 > 720

§ 720. Action against directors and officers for misconduct.    (a) An action may be brought against one or more directors or officers  of a corporation to procure a judgment for the following relief:    (1) Subject  to  any  provision  of  the  certificate of incorporation  authorized pursuant to paragraph (b)  of  section  402,  to  compel  the  defendant to account for his official conduct in the following cases:    (A) The  neglect  of, or failure to perform, or other violation of his  duties in the management and disposition of corporate  assets  committed  to his charge.    (B) The  acquisition  by himself, transfer to others, loss or waste of  corporate assets due to any neglect of, or failure to perform, or  other  violation of his duties.    (2) To  set  aside  an  unlawful conveyance, assignment or transfer of  corporate assets, where the transferee knew of its unlawfulness.    (3) To enjoin a proposed unlawful conveyance, assignment  or  transfer  of  corporate assets, where there is sufficient evidence that it will be  made.    (b) An action may be brought for the relief provided in this  section,  and  in  paragraph (a) of section 719 (Liability of directors in certain  cases) by a corporation, or a receiver, trustee in bankruptcy,  officer,  director   or   judgment   creditor   thereof,  or,  under  section  626  (Shareholders' derivative action brought in the right of the corporation  to procure a judgment in its favor),  by  a  shareholder,  voting  trust  certificate  holder,  or  the  owner  of a beneficial interest in shares  thereof.    (c) This section shall not affect any liability otherwise  imposed  by  law upon any director or officer.