New Jersey Statutes 15A:13-12. Injunction against foreign corporation
Terms Used In New Jersey Statutes 15A:13-12
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(1) Without having first obtained a certificate of authority pursuant to this chapter;
(2) Of a character not set forth in its application for a certificate of authority or for an amended certificate of authority;
(3) After its authority to conduct activities in this State has been surrendered or revoked;
(4) After it is dissolved or its authority or existence is otherwise terminated or canceled in the jurisdiction of its incorporation;
(5) If it has procured its organization certificate of authority through fraudulent misrepresentation or concealment of a material fact;
(6) If it has repeatedly exceeded the authority conferred upon it by law;
(7) If it has repeatedly conducted its business in an unlawful manner;
(8) If it has misused or failed to use its powers, privileges or franchises;
(9) If it is insolvent;
(10) If it is conducting its activities in violation of its certificate of incorporation or its application for certificate of authority, or, with respect to specific assets, in violation of any restrictions applicable to those assets imposed upon it;
(11) If it is conducting its activities at a great loss and with great prejudice to the interests of its creditors or members; or
(12) If it is conducting activities in a manner which is prejudicial to the public.
b. The Superior Court may proceed in the action in a summary manner or otherwise. Upon a showing by clear and convincing evidence of any cause set forth in subsection a. of section 15A:12-11, the court may declare the corporation’s certificate of authority revoked and a copy of the order of the court shall be filed in the office of the Secretary of State as evidence thereof, but the failure to file the order with the Secretary of State shall not affect the enforceability of the order.
c. The provisions of this section shall not exclude any other ground provided by law for injunctive relief against a foreign corporation to restrain it from the exercise of any franchise or the conducting of any activities within this State.
L.1983, c. 127, s. 15A:13-12, eff. Oct. 1, 1983.