International Distributing Export Company (IDE) was organized as a corporation on September 7, 2009, under the laws

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International Distributing Export Company (IDE) was organized as a corporation on September 7, 2009, under the laws of New York and commenced business on November 1, 2009. IDE formerly had existed as a sole proprietorship. On October 31, 2009, the newly organized corporation had liabilities of \($64,084.\) Its only assets, in the sum of \($33,042,\) were those of the former sole proprietorship.

The corporation, however, set up an asset on its balance sheet in the amount of \($32,000\) for goodwill. As a result of this entry, IDE had a surplus at the end of each of its fiscal years from 2010 until 2015. Cano, a shareholder, received \($7,144\) in dividends from IDE during the period from 2011 to 2016. May Fried, the trustee in bankruptcy of IDE, recover the amount of these dividends from Cano on the basis that they had been paid when IDE was insolvent or when its capital was impaired?

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Business Law And The Regulation Of Business

ISBN: 9781305509559

12th Edition

Authors: Richard A. Mann, Barry S. Roberts

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