transacting business

transacting business
Term as used in statute providing that no foreign corporation transacting business in State without a certificate of authority shall maintain an action in State if it has not obtained a certificate of authority, is not susceptible of precise definition automatically resolving every case; each case must be dealt with on its own circumstances to determine if foreign corporation has engaged in local activity or only in interstate commerce. Materials Research Corp. v. Metron, Inc., 64 N.J. 74, 312 A.2d 147, 150.
Test of whether or not a corporation is transacting business, in a district, for purpose of section of the Clayton Act providing that an action may be brought against a corporation in any district wherein it transacts business, is the practical everyday business or commercial concept of doing business of any substantial character. Interstate Cigar Co. v. Corral Wodiska y Ca, D.C.N.Y., 30 F.R.D. 354, 355; Kolb v. Chrysler Corp., D.C.Wis., 357 F.Supp. 504, 508.
"Doing business" distinguished.
The concept of "transacting business" under venue provisions of Investment Company Act of 1940, Securities Act of 1933, and Securities Exchange Act of 1934, requires less business activity than that necessary to sustain jurisdiction under a "doing business" or "minimum contacts" standard, and is intended to have a more flexible and broader meaning than the jurisdictional predicates. Zorn v. Anderson, D.C.N.Y., 263 F.Supp. 745, 747

Black's law dictionary. . 1990.

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