Friday, October 16, 2015

What is in a Name? “Corporation” Versus “Limited Liability Company”


What is in a Name?
“Corporation” Versus “Limited Liability Company”

      A dispute in Georgia may turn on the question of whether a corporation is equivalent to an LLC.  As reported (HERE IS A LINK TO THE NEWS STORY), Palmetto Pipeline Company LLC is challenging the denial of its ability to put in a pipeline and, in connection therewith, exercise the power of eminent domain.  One argument is that the Georgia Pipeline Act defines a “pipeline company” as a corporation.  Palmetto, being an LLC and not a corporation, is alleging that this is a distinction without a difference.  Conversely, certain state actors are hanging their hat on that distinction.

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