We argue that we're likely to succeed on the merits of our libel claim, and that failure to enjoin the speech would cause us irreparable harm. Too bad, the court will certainly say; a content-based preliminary injunction of speech would be a blatantly unconstitutional prior restraint. Maybe after a trial on the merits and a judicial finding that the speech is in fact constitutionally unprotected libel, we could get a permanent injunction, though even that's not clear. Likewise for preliminary injunctions against obscenity and other kinds of speech, despite the fact that such speech, if ultimately found to be unprotected at trial, could be criminally or civilly punished.
The following entities will not be treated as corporations under paragraph b 8 i of this section: B Inclusions in certain cases.
With regard to Mexico, the term Sociedad Anonima includes a Sociedad Anonima that chooses to apply the variable capital provision of Mexican Law 421 weekly 2 law Sociedad Anonima de Capital Variable.
For purposes of paragraph b 8 i of this section, with regard to Cyprus, Hong Kong, and Jamaica, the term Public Limited Company includes any Limited Company that is not defined as a private company under the corporate laws of those jurisdictions.
In all other cases, where the term Public Limited Company is not defined, that term shall include any Limited Company defined as a public company under the corporate laws of the relevant jurisdiction. For purposes of this paragraph b 8any reference to a Limited Company includes, as the case may be, companies limited by shares and companies limited by guarantee.
Different linguistic renderings of the name of an entity listed in paragraph b 8 i of this section shall be disregarded. For examplean entity formed under the laws of Switzerland as a Societe Anonyme will be a corporation and treated in the same manner as an Aktiengesellschaft.
The determination of a business entity 's corporate or non-corporate classification is made independently from the determination of whether the entity is domestic or foreign. The following examples illustrate the rule of this paragraph b 9: X is an entity with a single owner organized under the laws of Country A as an entity that is listed in paragraph b 8 i of this section.
Several years after its formation, X files a certificate of domestication in State B as a limited liability company LLC. Under the laws of State B, X is considered to be created or organized in State B as an LLC upon the filing of the certificate of domestication and is therefore subject to the laws of State B.
Consequently, X is now organized in more than one jurisdiction. X remains organized under the laws of Country A as an entity that is listed in paragraph b 8 i of this section, and as such, it is an entity that is treated as a corporation under the rules of this section.
Therefore, X is a corporation for Federal tax purposes because the rules of this section would treat X as a corporation with reference to one of the jurisdictions in which it is created or organized. Y is an entity that is incorporated under the laws of State A and has two shareholders.
Several years after its formation, Y files a certificate of continuance in Country B as an unlimited company. Under the laws of Country B, upon filing a certificate of continuance, Y is treated as organized in Country B. Consequently, Y is now organized in more than one jurisdiction.
Y remains organized in State A as a corporation, an entity that is treated as a corporation under the rules of this section. Therefore, Y is a corporation for Federal tax purposes because the rules of this section would treat Y as a corporation with reference to one of the jurisdictions in which it is created or organized.† Professor of Law, University of Texas School of Law; Of Counsel, Fish & Richardson P.C., Austin, Texas.
†† Acting Professor, UCLA School of Law ([email protected] (i) Facts. X is an entity with a single owner organized under the laws of Country A as an entity that is listed in paragraph (b)(8)(i) of this section. Under the rules of this section, such an entity is a corporation for Federal tax purposes and under § (a) is unable to elect its classification.
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While en route, he negligently hits a pedestrian.