Next Generation Bar Exam Quiz
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BUSINESS ASSOCIATIONS AND RELATIONSHIPS
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In June, the secretary of state accepted and filed Cypress Point, Inc.'s articles of incorporation. Because of a processing delay, the secretary did not issue the certificate of incorporation until August. In July, Bertram, Cypress's president, signed a contract in Cypress's name with a supplier. A dispute later arises, and one party argues that Cypress lacked capacity to contract in July because it had not yet received its certificate of incorporation.
Which issue is most important in determining whether Cypress could enter into the contract in July?
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