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upr000105 249

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upr000105-249
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    University of Nevada, Las Vegas. Libraries

    (COPT) VIA AIR MAIL 2130 Omaha - October 13, 1952. Mr. E. E, Bennett - Los Angeles: Anticipating a possible favorable consideration of the suggestions made in your letter of September 30 to Mr. Reinhardt relative to the transfer of properties to and from the Las Vegas Land and Water Company, I desire to bring up again the feasibility, under California and Nevada Law, of having the properties of the LVL&W (other than the water sys­tem) transferred to The Union Land\Company, a corporation of the State of Nebraska, one of our subsidiaries. I made a ten­tative suggestion along this line in\ny letter to Mr. Stoddard of December IS, 1951, a copy of whichXl sent to you. In your letter to me of December 21, 1951 you advised that you saw no reason from a legal standpoint !to prevent the domesti­cation of The Union Land Company and the transfer of the hold­ings of the LVL&W to that company". Mr. Cory, in his letter to you of January 3, 1952, expresses himself as finding no reason against qualification in Nevada. As I read the California statutes, a foreign cor­poration, in order to do business in that State, is not re­quired to "domesticate" but is required merely to qualify. If I am wrong in this I know you will correct me. I will appreciate it If you will send me the requi­site forms for use in both states looking toward the quali­fication of The Union Land Company in these states and also advise me in detail the steps that must be taken to accom­plish the purpose. I find in California Corporation Code Section 6404 a statutory prohibition against qualifying a foreign corporation with the same name as a domestic cor­poration or a foreign corporation theretofore qualified in California or where there is such a similarity of names as to be misleading. Please check and determine whether "The Union Land Company" is a name which might bring that company with­in the prohibition. I have not run into a similar statute in Nevada but if there is one then a similar check should be made in that state. The Union Land Company is, as above indicated, a Nebraska corporation. It was origin­ally incorporated for a term commencing on May 26, and terminating on May 26, 193&, but by amendment to the articles