RE:RE:Lawsuit with Stuart update Not much at the moment, it is merely accusations until the evidence presented.
It's more the fact Ciachurski has had his name attached to the filings for both Captiva Verde and now for Greenbriar. Typically a corporation would not be in situation like this because there are a large number of shareholders. Greenbriar is a different animal because of the fact there are not that many shareholders from a percentage standpoint and a large percentage of them are involved with the company's dealings.
Generally the requirements for corporate filings protect the smaller shareholders but we have seen management trying to catch up on missed/absent filings.
Some time ago when Jeff was accusing me of slander he boosted about the fact he was a gun toting, US citizen, living in California. This may be the time he might regret living in California. California is about the most liberal state when it comes to allowing the corporate veil to be pierced.
Here are some factors for the courts to consider:
- Absence or inaccuracy of corporate records;
- Concealment or misrepresentation of members;
- Failure to maintain arm's length relationships with related entities;
- Failure to observe corporate formalities in terms of behavior and documentation;
- Intermingling of assets of the corporation and of the shareholder;
- Manipulation of assets or liabilities to concentrate the assets or liabilities;
- Non-functioning corporate officers and/or directors;
- Significant undercapitalization of the business entity (capitalization requirements vary based on industry, location, and specific company circumstances);
- Siphoning of corporate funds by the dominant shareholder(s);
- Treatment by an individual of the assets of corporation as his/her own;
- Use of the corporation as a faade for personal dealings (alter ego theory)