Themis Bar Practice Exam

When stock is issued, the party receiving shares must provide something of value to the corporation in return. That value doesn’t have to be cash alone; any lawful consideration that the company can value is acceptable. Cash, property, and services all count as valid consideration as long as they are legitimate and have value to the corporation. The important idea is a bargained-for exchange: the stock is issued in return for something the company can use or relies on, whether that’s money, a contributed asset, or the promise of future work. Why the broader view matters: limiting consideration to cash would exclude legitimate exchanges like issuing shares for property the company will use or for services already rendered or to be performed. Requiring only property would ignore situations where services or intangible value are exchanged. Saying no consideration is needed would turn stock issuance into a gift, which isn’t how the issuance is structured in corporate practice. A simple example: a founder to be issued stock in exchange for services valued at a fair amount, or a investor contributing equipment as part of the deal. Both are valid forms of consideration.