Professor Bainbridge Precises Corporate Philanthropy

Allen Matkins
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Earlier this week, UCLA Law School Professor Stephen Bainbridge precised the question of corporate philanthropy.  He notes “Virtually all states have adopted statutes specifically granting corporations the power to make charitable donations, which eliminates the ultra vires issue.”  Several years back, I compared California’s and Delaware’s statutes:

Delaware’s statute appears to be more limited than California’s – it doesn’t specifically mention community fund, hospital, or civic purposes.  It also doesn’t include the catch-all “similar purposes”.  Delaware also doesn’t expressly dispense with the requirement of a “specific corporate benefit”.   California, on the other hand, doesn’t mention donations of aid in time of war or other national emergency.

 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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