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"CONTROL AND DOMINATION" DEFINITION  

     In determining whether John Larkin "controlled and dominated" either Wheels of Middletown or Century Chevrolet, you may consider the following:

  1. Did he own all or substantially all of the stock?

  2. Did he exercise discretion and control over the management of the corporation?

  3. Did he furnish all or substantially all of the financial investment of the corporation?

  4. Was the corporation adequately financed either initially or subsequently for the business in which it was engaged?

  5. Did John Larkin treat the corporation assets as his own?

  6. Did the corporation observe the formalities of doing business as a separate entity, apart from its officers, and Directors, such as the holding of regular meetings, issuance of stock, the keeping of Corporate Minutes, the filing of necessary reports, and similar matters?

  7. Did John Larkin represent to others that he would be liable for the debts of the corporation?

  8. Did John Larkin comingle personal and corporate assets?

     The foregoing is not intended to be an exclusive list of factors you may consider. It is you and you alone to determine whether defendant, John Larkin, did exercise "control and domination." It is for you alone to decide what factors, whether listed above or not, are significant in reaching that decision.

 

Bucyrus‑Erie Co. v. General Products, 643 F.2d 413 (6th Cir. 1981).

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