New York attorney general seeks to dissolve NRA...

[Belsnickel]

(08-07-2020, 03:46 AM)Sociopathicsteelerfan Wrote: I believe it's incorporated in New York but originated in Virginia. Regardless, you fail to address the crucial point, does malpractice by senior members justify dissolution? 

By your own admission there are "differences".  I would posit that such "differences" are so substantial as to make the comparison meaningless, and, possibly, intentionally inflammatory.

I saw the use of the Trump Foundation as primarily pointing out a case of a NY based non-profit that faced dissolution for fraudulent activities in recent history that is well known. That is the main similarity in this instance and it is a valid one to bring it up.

I will say, after reading some of the filing, I found the statutory language that gives the NY AG this authority.

Here is the filing for anyone interested: https://ag.ny.gov/sites/default/files/summons_and_complaint_1.pdf

Here is Article 7 of the NY Not-for-Profit Corporation Law (N-PCL), section 1101: https://codes.findlaw.com/ny/notforprofit-corporation-law/npc-sect-1101.html

Quote:(a)The attorney-general may bring an action for the dissolution of a corporation upon one or more of the following grounds:

(1)That the corporation procured its formation through fraudulent misrepresentation or concealment of a material fact.

(2)That the corporation has exceeded the authority conferred upon it by law, or has violated any provision of law whereby it has forfeited its charter, or carried on, conducted or transacted its business in a persistently fraudulent or illegal manner, or by the abuse of its powers contrary to public policy of the state has become liable to be dissolved.

(b)An action under this section is triable by jury as a matter or right.

©The enumeration in paragraph (a) of grounds for dissolution shall not exlude actions or special proceedings by the attorney-general or other state officials for the annulment or dissolution of a corporation for other causes as provided in this chapter or in any other statute of this state.

So what it looks like is that NY law allows the AG to dissolve a corporation if it is engaged in fraudulent activity. I guess what I find problematic about this is that a corporation is a separate entity from its management. So I have to say that the NYAG's actions are appropriate under NY law, I don't know how much I actually like that law. I think that power is a little too broad.