Also known as: all or substantially all assets · all or substantially all of the assets · substantially all assets
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A devise that covers the entire estate or nearly the entire estate of the testator. Under omitted-child statutes the existence of such a devise prevents an after-born child from receiving an intestate share when the surviving parent takes the estate.
A devise that covers the entire estate or nearly the entire estate of the testator. Under omitted-child statutes the existence of such a devise prevents an after-born child from receiving an intestate share when the surviving parent takes the estate.
Select any source to read its text and confirm it supports the definition.
A standard for proving a bona fide occupational qualification defense under Title VII. An employer must show a factual basis for believing that all or substantially all members of a protected class cannot perform the job safely and efficiently.
Select any source to read its text and confirm it supports the definition.
A standard for proving a bona fide occupational qualification defense under Title VII. An employer must show a factual basis for believing that all or substantially all members of a protected class cannot perform the job safely and efficiently.
Each sense below has its own examples, sources, and questions.
After executing a will that left his entire estate to his spouse, a testator had a child with that spouse. The will contained no provision for the child. Because the will devised all or substantially all of the estate to the surviving parent who was entitled to take, the omitted child received no intestate share.
Shareholder approval is required when the disposition leaves the corporation without a significant continuing business activity. A corporation is conclusively deemed to retain such an activity if the retained business represents at least twenty-five percent of total assets and at least twenty-five percent of revenues or income on a consolidated basis.
Supporting sources
No. Corporate statutes permit a corporation to transfer any or all assets to one or more wholly owned subsidiaries without shareholder approval. The exemption applies even when the subsidiary later sells the assets to a third party, because the initial transfer is internal.
Supporting sources
If the testator had no living child when the will was executed, the omitted child receives an intestate share unless the will devised all or substantially all of the estate to the other parent who survives and takes under the will. The exception prevents the omitted child from receiving a share in that circumstance.
Supporting sources
A state prison adopted a height and weight rule that excluded most women from guard positions in male facilities. The employer offered no evidence that substantially all women would be unable to perform the duties safely. The rule therefore failed to qualify as a bona fide occupational qualification.
A battery manufacturer excluded all fertile women from jobs involving lead exposure. The company could not show that substantially all women would be unable to perform the work safely. The policy therefore violated Title VII because it rested on an impermissible sex-based generalization.
A corporation's board agreed to sell its core operating division, which accounted for over eighty percent of assets and revenues, to a competitor. The remaining business fell below the twenty-five percent safe harbor threshold. Shareholder approval was therefore required before the transaction could proceed.
An airline refused to hire applicants over age sixty for flight engineer positions. The carrier failed to demonstrate that substantially all individuals over sixty could not perform the duties safely. The age restriction therefore did not qualify as a bona fide occupational qualification.
A newly elected sheriff discharged all non-policymaking employees who had supported the opposing candidate. The dismissals affected substantially all employees in the office. Because the action diminished the voting power of minority supporters without justification, the terminations violated the First Amendment.
The employer must demonstrate a factual basis for believing that all or substantially all members of the excluded sex would be unable to perform the job safely and efficiently. Stereotyped assumptions about physical capabilities are insufficient without evidence tied to the specific duties of the position.
Supporting sources
…Such actions include elections of directors, amendments to the certificate of incorporation, mergers, consolidations, sales of all or substantially all of the assets of the corporation, and dissolution. 8 Del.C. §§ 211, 242, 251-258, 263, 271, 275. Because of the overriding importance of voting rights, this Court and the Court of Chancery have…