Also known as: seats · venue · situs
Written by attorneys — see sources below.
2 senses
A position conferring membership and associated privileges within an organization or governing body.
The central location where governmental or institutional functions are conducted.
Each sense below has its own examples, sources, and questions.
A position conferring membership and associated privileges within an organization or governing body.
Sophia Singh sues to enforce her claimed board seat after a shareholder agreement names her as a director. The defendant moves under Rule 12(b)(3) to dismiss for improper venue in the Eastern District. The court grants the motion because venue is improper in that district.
Serena Soto files suit against a multistate corporation in the Northern District. The corporation maintains its executive seat only in the Southern District. The court deems the corporation to reside solely in the Southern District for venue purposes under the corporate-residence rule.
The central location where governmental or institutional functions are conducted.
Sean Steele challenges a statute directing all federal tax collection through offices in one city. The court examines whether that city qualifies as the constitutional seat of government for uniformity purposes. Because the statute places core revenue functions there, the location satisfies the seat requirement under Article I.
Scott Summers disputes the validity of a mortgage recorded in State A on land located in State B. The court applies the law of the land's situs to decide whether the mortgage creates an interest tied to that seat of title. The situs rule governs the nature of the interest created.
Stella Shapiro petitions to probate a will and must establish venue in the county where the testator maintained his primary seat. The contestant challenges the prima facie showing of proper venue. The court requires the proponent to prove the seat location before proceeding.
2 common questions
It denotes a position of membership that carries voting rights and governance authority within the organization.
Yes. A corporation is deemed to reside for venue purposes in any district containing its principal seat of operations if that district would support personal jurisdiction.
Sofia Stern's case is transferred from the District of Columbia to another district for convenience. The transferee court must apply the choice-of-law rules of the original seat of the action. The transfer does not alter the governing law tied to the original forum.
1 common questions
It identifies the fixed central location where federal legislative and executive functions occur.
…which was incorporated in Delaware. The stock certificates were not physically present in Delaware, but under Delaware law, the situs of the stock was deemed to be in Delaware. The individual defendants, whose primary residences and places of business were in Arizona, moved to quash service of process and to vacate the…