Compelling A Foreign Corporation To Produce Documents
A domestic corporation may be considered to be a "person" within the meaning of the Fourteenth Amendment of the United States Constitution. It is not necessary to treat a corporation as a person in all circumstances. United States case law is confusing concerning this matter when dealing with foreign corporations, and their operation within the United States. Especially troubling have been rulings concerning the Fourth Amendment of the United States Constitution and Fifth Amendment to the United States Constitution. A foreign agent may not claim Fifth Amendment provisions against self-incrimination. Nor can records be withheld from subpoena duces tecum on the grounds that production of such documents would incriminate officers or other members of the foreign corporation. However, there is case authority in which foreign corporations have been protected from illegal searches and seizures, including documents and books. The matter of a foreign corporation operating as a "person" within the United States being afforded protection under the Fourteenth Amendment is discussed.
Read more about this topic: Subpoena Duces Tecum
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