Proposal: Corporate Shares

ESUS Senate Resolutions rejected by the alliance.
Kanuckistan
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Re: Proposal: Corporate Shares

Post by Kanuckistan »

The Cerberus Alliance wrote: OOC: What, exactly, is going on? Situation and important details, please. Your characters would likely have advisors on this kind of thing, so getting advice from us could be justified as us playing the part of those advisors.

OOC:
Not even necessary - there's nothing wrong than asking advice, especially if your characters are supposed to be more experienced than the guy RPing them. :P

Also, to reiterate...
Kanuckistan wrote:
Kostemetsia wrote:OOC: Obviously it was worth a try, but this won't go so well. Can someone find me another way of imposing majority law on TFU's ass without pushing it through the ESUS senate?
OOC:
How is your consortium organised? Where are it and it's member entities based? Who are the members and what do they control?
Kostemetsia
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Re: Proposal: Corporate Shares

Post by Kostemetsia »

RVC is not based in any particular country, although it could probably be said to be a Travellian enterprise given that HT founded it. The corporate shareholders are New Berlin Multivector (Kostemetsia) and Raython Corporation (TFU), with James Bovill (Kostemetsia) and Weiylen Utani (Kewen) previously having owned shares until Bovill and Utani sold their shares to NBM.

NBM owns the shares of Jeanette (?) Veltar (Travellia), now deceased, under the company charter, and is attempting to make a case that a) Maximilian Raython, the co-director of RVC, is violating the company charter and is thus no longer entitled to retain his shares, and so b) RayCorp must sell its shares to RVC (functionally NBM, given that all other shareholders are in some way unable to perform their duties) and pay RVC royalties for every sale of an RVC design under the RayCorp brand name.

Also, the snow animation seems to slow down my computer to a greater degree every time I come on here.
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The Cerberus Alliance
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Re: Proposal: Corporate Shares

Post by The Cerberus Alliance »

Kostemetsia wrote:RVC is not based in any particular country, although it could probably be said to be a Travellian enterprise given that HT founded it. The corporate shareholders are New Berlin Multivector (Kostemetsia) and Raython Corporation (TFU), with James Bovill (Kostemetsia) and Weiylen Utani (Kewen) previously having owned shares until Bovill and Utani sold their shares to NBM.

NBM owns the shares of Jeanette (?) Veltar (Travellia), now deceased, under the company charter, and is attempting to make a case that a) Maximilian Raython, the co-director of RVC, is violating the company charter and is thus no longer entitled to retain his shares, and so b) RayCorp must sell its shares to RVC (functionally NBM, given that all other shareholders are in some way unable to perform their duties) and pay RVC royalties for every sale of an RVC design under the RayCorp brand name.
TFU's not an ESUS member, is he? If so, ESUS law wouldn't have much effect on how his companies and citizens do things, anyway. A document like the company charter should be legally binding, and it should have details on how to handle violations, so aiming for that should produce better results. If the company charter doesn't have details on how to handle violations of itself, then someone screwed up.
This won't end well.
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Re: Proposal: Corporate Shares

Post by Trailers »

I'd also like to note as previously pointed out, this is blatently un-ESUSish, seeing as technically this is an independent trade alliance. o.O
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Kostemetsia
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Re: Proposal: Corporate Shares

Post by Kostemetsia »

The company charter specifies that violating parties should be removed, but leaves other penalties for violation wholly up to international law.

RIght now, there's no international law on this, so I'm appealing for ESUS legal supremacy, given that the majority of the factions involved are ESUS or allied.
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Re: Proposal: Corporate Shares

Post by The Cerberus Alliance »

Kostemetsia wrote:The company charter specifies that violating parties should be removed, but leaves other penalties for violation wholly up to international law.

RIght now, there's no international law on this, so I'm appealing for ESUS legal supremacy, given that the majority of the factions involved are ESUS or allied.
Well, we'd have to know what the violation is if we're to try to enforce penalties other than having the person removed from the company. We can't say "oh, you broke your company's charter. To jail with you!" We have to know what the legal issue was, and then apply international law to that issue separately from when we apply the corporate charter to it. But that would only matter if the guy breaking the charter was a citizen of an ESUS member.

Since the accused is not a citizen of any nation in the ESUS, it is up to those involved in this matter and the trade laws that they have established between themselves and TFU's government. If there are no such laws, then there's not much left that you can do. You decided to make a company with a guy outside of the alliance. You made the mess, you clean it up.
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Kostemetsia
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Re: Proposal: Corporate Shares

Post by Kostemetsia »

It's not so much that I'm taking it to an ESUS court, more that I'm taking it to a World Assembly / unidentified treaty organisation court and asking them to recognise ESUS law as supreme here. Thus, even if the law applies only to members of the ESUS, if I ask this international court to recognise ESUS law it will provisionally apply to Rob.
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Re: Proposal: Corporate Shares

Post by The Cerberus Alliance »

Kostemetsia wrote:It's not so much that I'm taking it to an ESUS court, more that I'm taking it to a World Assembly / unidentified treaty organisation court and asking them to recognise ESUS law as supreme here. Thus, even if the law applies only to members of the ESUS, if I ask this international court to recognise ESUS law it will provisionally apply to Rob.
Rob would have no way of knowing that this law was governing his actions (unless the treaty organization has provided information warning that this would be a possibility), so he'd be able to argue against applying the law to himself as the treaty organization had not recognized ESUS law as supreme prior to and during the incident in question.

Also, what's to prevent someone then nullifying this plan by convincing the treaty organization that some OTHER alliance's law is supreme in this case?
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Re: Proposal: Corporate Shares

Post by Kostemetsia »

<---LEGALESE--->

James Bovill of Kostemetsia, acting in his capacity as Unified Kostemetsian Administration (UKA) supreme prosecutor, will be representing the Consortium on behalf of the Travellian Combine, the Kewen Hivemind, Zethathrin Industries, New Berlin Versatile Solutions Group plc (trading as NB Multivector plc in all Kostemetsian territories), the network intelligence of the Kostemetsian network (which recently bought out NB Multivector plc), and the UKA (of which the network intelligence is an employee).

Robert Bastidas of Terra, acting in his capacity as chief counsel of the United Terran Federation, will be representing Raython Corporation (hereafter "RayCorp").

<---/LEGALESE--->

That aside, there are only two parties. Probably, nobody gets a look-in except Rob and me, except possibly Judge HT if he suddenly decides (as he's wont to do :P) that the case will take up too much of his time.

Rob doesn't have justification to argue that, say, Galactic Empire law is supreme, given that a minority of Raython-Veltar factions (one, as far as I know) were GE; I do, however, have justification to argue that Extra-Solar Union law is supreme, under the applicable converse of the previous statement.

Retroactive effect might be a bit tough, though.
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Celestial Seibutsu
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Re: Proposal: Corporate Shares

Post by Celestial Seibutsu »

Kostemetsia wrote:Retroactive effect might be a bit tough, though.
What's to say that Ex Post Facto can't be applied? Seeing as how we're addressing international law, there's nothing that really restricts Ex Post Facto, although I suppose you could say that it can't be applied if both parties have laws against it.
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