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Legislative updates

House Bill 453, effective June 26, 2019, amends the nonprofit laws to allow for mergers between domestic nonprofit corporations and domestic nonprofit LLCs.

Case summaries

Unauthorized Practice of Law
Cabinet for Health and Family Services v. Appalachian Hospice Care, Inc., No. 2020-CA-0684, decided February 5, 2021. The Kentucky Court of Appeals held that a corporation’s CEO, who was not an attorney, could request an administrative hearing on behalf of the corporation and that making such a request was not the unauthorized practice of law. The court noted that writing and sending the letter did not require any special legal knowledge and did not give out any legal advice.

Federal Court Jurisdiction Over Dissenters’ Rights Action
Henly Mining v. Parton, 6:17-cv-00092, decided March 5, 2019. The U.S. District Court in Kentucky ruled that it could hear an action to determine the fair value of a corporation’s stock under the Kentucky dissenters’ rights statute after weighing the federal court’s interest versus Kentucky’s interest. Therefore, it was error to abstain under the Burford doctrine.

Other notices

There are no new notices at this time.

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