JoanShear | 04 January, 2006 08:54
Can you help me find the Model Business Corporations Act and also find out how the various states that have adopted portions of it have deviated from the model Act?
Answer: Uniform laws and model laws are suggested state legislation on subjects where uniformity of law between the states is desirable and practicable. The primary body responsible for drafting uniform laws in the National Conference of Commissioners on Uniform State Laws (NCCUSL). The NCCUSL is comprised of more than 300 lawyers, judges, and law professors, appointed by the states to draft proposals for uniform and model laws and work toward their enactment in legislatures.
Uniform laws and model acts prepared by the NCCUSL are found in the Uniform Laws Annotated. This set contains the texts of the various model and uniform laws, the states that have adopted those laws, exceptions made (the unique modifications made by an individual state) and annotations to cases decided by state courts interpreting those statutes. However, the ULA Master Edition Tables and Index Pamphlet didn't reference the Model Business Corporations Act.
The next stop was the Uniform Laws section at the end of the Martindale-Hubbell Digest of State Laws. There are two Model Business Corporations Acts, one dated 1969 and the other dated 1984. The preface to the later act stated that the ABA approved it in 1984, but never submitted it to the National Conference of Commissioners on Uniform State Laws. This explains its absence in ULA. The patron now has the text of the Model Act and needs to compare it to the text of the laws in the states he is interested in. Checking the state digests in Martindale-Hubbell may help him more quickly find the appropriate sections in the various state codes.
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