BUSINESS CORPORATION ACT
Act 284 of 1972
450.1123 Applicability of act generally.
Sec. 123.
(1) Unless otherwise provided in, or inconsistent with, the act under which a corporation is or has been formed, this act applies to deposit and security companies, summer resort associations, brine pipeline companies, telegraph companies, telephone companies, safety and collateral deposit companies, canal, river, and harbor improvement companies, cemetery, burial, and cremation associations, railroad, bridge, and tunnel companies, and agricultural and horticultural fair societies. The entities specified in this subsection are not incorporated under this act.
(2) This act does not apply to insurance, surety, savings and loan associations, fraternal benefit societies, and banking corporations.
(3) This act does not prevent a telephone corporation organized under 1883 PA 129, MCL 484.1 to 484.10, from converting into a domestic limited liability company under the Michigan limited liability company act, 1993 PA 23, MCL 450.4101 to 450.5200.
History: 1972, Act 284, Eff. Jan. 1, 1973 ;-- Am. 1978, Act 32, Imd. Eff. Feb. 24, 1978 ;-- Am. 1982, Act 407, Eff. Jan. 1, 1983 ;-- Am. 1989, Act 121, Eff. Oct. 1, 1989 ;-- Am. 1993, Act 357, Imd. Eff. Jan. 14, 1994 ;-- Am. 2001, Act 57, Imd. Eff. July 23, 2001 ;-- Am. 2012, Act 569, Imd. Eff. Jan. 2, 2013 ;-- Am. 2024, Act 176, Imd. Eff. Dec. 23, 2024
Notes of Decisions
Hogg v. Four Lakes Ass'n, Inc, 861 N.W.2d 341 (Mich. Ct. App. 2014).
· cites it 4× “The actual function of MCL 450.1123 is merely to allow SRO corporations, and additional corporations formed under other acts, to take advantage of the procedures specified in the Business Corporation Act, so long as the act under which the corporation was formed does not provide…”
Miller v. Allstate Ins., 739 N.W.2d 675 (Mich. Ct. App. 2007).
“” MCL 450.1123(1). Therefore, PT Works was improperly incorporated under the BCA.”
Miller v. Allstate Ins. Co., 739 N.W.2d 675 (Mich. Ct. App. 2007).
“" MCL 450.1123(1). Therefore, PT Works was improperly incorporated under the BCA.”
Dom. Unif. Rental v. Falcon Transp. Co (Mich. Ct. App. 2020).
· cites it 2× “” MCL 450.1123(2). While the MBCA does not define “banking corporation,” the Legislature has defined relevant terms in the Banking Code of 1999.”
Comerica Inc v. Dep't of Treasury (Mich. 2022).
“, does not apply to banking corporations, MCL 450.1123(2), it similarly provides that following a merger the surviving corporation receives all rights and title to property “without reversion or impairment,” MCL 450.”
Comerica Inc v. Dep't of Treasury (Mich. 2022).
“, does not apply to banking corporations, MCL 450.1123(2), it similarly provides that following a merger the surviving corporation receives all rights and title to property “without reversion or impairment,” MCL 450.”
— Mich. Comp. Laws § 450.1123(1) — 4 cases
Hogg v. Four Lakes Ass'n, Inc, 861 N.W.2d 341 (Mich. Ct. App. 2014).
“The actual function of MCL 450.1123 is merely to allow SRO corporations, and additional corporations formed under other acts, to take advantage of the procedures specified in the Business Corporation Act, so long as the act under which the corporation was formed does not provide…”
Miller v. Allstate Ins., 739 N.W.2d 675 (Mich. Ct. App. 2007).
“” MCL 450.1123(1). Therefore, PT Works was improperly incorporated under the BCA.”
Miller v. Allstate Ins. Co., 739 N.W.2d 675 (Mich. Ct. App. 2007).
“" MCL 450.1123(1). Therefore, PT Works was improperly incorporated under the BCA.”
— Mich. Comp. Laws § 450.1123(2) — 5 cases
Dom. Unif. Rental v. Falcon Transp. Co (Mich. Ct. App. 2020).
“” MCL 450.1123(2). While the MBCA does not define “banking corporation,” the Legislature has defined relevant terms in the Banking Code of 1999.”
Comerica Inc v. Dep't of Treasury (Mich. 2022).
“, does not apply to banking corporations, MCL 450.1123(2), it similarly provides that following a merger the surviving corporation receives all rights and title to property “without reversion or impairment,” MCL 450.”
Comerica Inc v. Dep't of Treasury (Mich. 2022).
“, does not apply to banking corporations, MCL 450.1123(2), it similarly provides that following a merger the surviving corporation receives all rights and title to property “without reversion or impairment,” MCL 450.”
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