Appointment

Appointment in United States

Appointment Definition

The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust. As distinguished from an election, it seems that an appointment is generally made by one person, or a limited number acting with delegated powers, while an election is made by all of a class. The word is sometimes used in a sense quite akin to this, and apparently derived from it as denoting the right or privilegb conferred by an appointment. Thus, the act of authorizing a man to print the laws of the United States by authority, and the right thereby conveyed, are considered such an appointment, but the right is not an office. 17 Serg. & R. (Pa.) 29, 238. And see 3 Serg. & R. (Pa.) 157; Cooper, Just. 599, 604. The exercise of a right to designate the person or persons who are to take the use of real estate. (This definition of Appointment is based on The Cyclopedic Law Dictionary).

Corporate Receivership Appointment

Scan the corporate receivership appointment in the appropriate sections:

JURISDICTION AND POWER TO APPOINT

This section covers the following:

  • In general
  • Jurisdiction distinguished from discretion
  • Common law
  • Appellate courts
  • Equity courts—General rules
  • Statutory jurisdiction
  • Concurrent state jurisdiction
  • Exclusive jurisdiction
  • Federal equity receiverships—In general
  • Federal equity receiverships—Concurrent state and federal jurisdiction
  • Federal equity receiverships—Amount in controversy
  • Federal equity receiverships —Discharge of federal receiver
  • Federal equity receiverships —Eect of state winding up and dissolution proceedings
  • “Consent” or “friendly” receiverships
  • Foreclosure proceedings
  • Foreign corporations
  • Power to appoint as limited to incidendental relief—General rules
  • Power to appoint as limited to incidendental relief —Opposite view
  • Notice and hearing—In general
  • Notice and hearing —Conduct of hearing

WHO MAY OBTAIN APPOINTMENT

This section covers the following:

  • General rules
  • Shareholder—In general
  • Shareholder —Remedy within the corporation as aecting right
  • Shareholder —Necessity for judgment
  • Creditor—In general
  • Creditors —Creditor having no judgment or lien
  • Creditors —Surety with unliquidated liability
  • Corporation itself
  • The state and state officials
  • The court on its own motion
  • Reluctance of courts to appoint receiver

PROPRIETY OF APPOINTMENT

This section covers the following:

  • Judicial discretion
  • Judicial discretion —Temporary or pendente lite appointments
  • Statutory receivers
  • Holding companies
  • Factors—Nature of corporation
  • Factors —Proposed corporations and companies not fully formed
  • Nature of relief
  • Carrying on business
  • Bringing suit or defending action
  • Conserving company assets

GROUNDS FOR APPOINTMENT

This section covers the following:

  • Statutes and rules of court—In general
  • Statutes and rules of court —Statutes not specically applicable to corporations
  • Statutes and rules of court—Statutory grounds as exclusive
  • Management or shareholder disagreement—In general
  • Management or shareholder disagreement —Deadlock
  • Mismanagement
  • Lack of governing ocers
  • Abandonment or cessation of business
  • Losing business
  • Insolvency—In general
  • Insolvency —Imminent danger of insolvency
  • Insolvency —Insolvency coupled with other facts
  • Insolvency—What constitutes insolvency
  • Ultra vires acts
  • Object of corporation impossible to attain
  • Apprehension of future misconduct
  • Preservation of assets against loss pendente lite
  • Public interest

GROUNDS FOR REFUSING APPOINTMENT

This section covers the following:

  • Absence of necessity
  • Absence of benet
  • Other adequate remedy
  • Violation of law by corporation
  • Assignment for the benet of creditors
  • Absence of assets
  • Defendant oering bond or other indemnity

SELECTION, ELIGIBILITY AND QUALIFICATION OF RECEIVER

This section covers the following:

  • Selection and eligibility
  • Qualication—In general
  • Qualication—Bond
  • Qualication Bond —Action to recover on receiver’s bond
  • Qualication Bond —Discharge of bond
  • Number of receivers
  • Eligibility and appointment of attorney for receiver

PLEADING, PRACTICE AND EVIDENCE

This section covers the following:

  • Procedure in general
  • Nature of proceeding
  • Governing law
  • Time for appointment
  • Venue
  • Pleadings—Generally
  • Pleadings—Verication
  • Pleadings—Demurrer or motion to dismiss
  • Pleadings—Answers and counter afidavits
  • Parties—Generally
  • Parties—Intervention
  • Laches and estoppel
  • Judgment, order or decree—Form, validity and suciency
  • Judgment, order or decree —Interpretation and construction
  • Judgment, order or decree —Amendment or modication
  • Judgment, order or decree —Vacating and setting aside order or decree
  • Judgment, order or decree—Operation and eective date of appointment
  • Appeals—Right of appeal
  • Appeals —Statute of limitations
  • Appeals —Supersedeas, stay and eect of appeal
  • Appeals —Hearing on appeal, review and reversal
  • Appeals —Costs
  • Incidental power and authority of the court
  • Collateral attack
  • Objections to appointment—Generally
  • Objections to appointment —Prohibition
  • Objections to appointment —Waiver
  • Dismissal, discontinuance or withdrawal of suit
  • Evidence

DURATION AND TERMINATION OF RECEIVERSHIP AND REMOVAL AND DISCHARGE OF RECEIVER

This section covers the following:

  • Eect of removal or discharge
  • Collateral attack and appeal

Appointment in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link Description
Appointment Appointment in the World Legal Encyclopedia.
Appointment Appointment in the European Legal Encyclopedia.
Appointment Appointment in the Asian Legal Encyclopedia.
Appointment Appointment in the UK Legal Encyclopedia.
Appointment Appointment in the Australian Legal Encyclopedia.

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Appointment in relation to Public Officers

Appointment in relation to Merit selection

In the context of Local and State goverment law and Appointment, find out more detailed information about this topic in this American legal Encyclopedia.

Appointment (Examiners)

This section introduces, discusses and describes the basics of appointment. Then, cross references and a brief overview about Examiners is provided. Finally, the subject of Case Administration in relation with appointment is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Appointment (Officers)

This section introduces, discusses and describes the basics of appointment. Then, cross references and a brief overview about Officers is provided. Finally, the subject of Case Administration in relation with appointment is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Appointment (Trustees)

This section introduces, discusses and describes the basics of appointment. Then, cross references and a brief overview about Trustees is provided. Finally, the subject of Case Administration in relation with appointment is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

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