corporations law
January 3, 2007 10:42 PM   Subscribe

What is the difference between enjoining a transaction and setting aside a transaction? This is in the context of corporations law and conflicting interest transactions.
posted by KimikoPi to Law & Government (2 answers total)
A transaction can be enjoined only before it is consummated, but it could be set aside afterward.
posted by Mr. President Dr. Steve Elvis America at 1:51 AM on January 4, 2007

Best answer: Mr. America has it.

You seek an injunction to prevent the sale before the fact; to get it, you need to prove whatever the three things are that you need to establish to get a preliminary injunction (probability of success on the merits, irreparable harm, and... something else, I think). You set aside a transaction after the fact, and that's where you're more likely to see a fuller treatment of conflict of interest issues.
posted by ibmcginty at 8:39 AM on January 4, 2007

« Older Pre-built MythTV boxes?   |   Paranoia is not pretty. Newer »
This thread is closed to new comments.