Delaware Code (Titles 8, 9, 25, 30)
8 Del. C. § 325
Actions against officers, directors or stockholders to enforce liability of corporation; unsatisfied judgment against corporation
# (a)
When the officers, directors or stockholders of any corporation shall be liable by the provisions of this chapter to pay the debts of the corporation, or any part thereof, any person to whom they are liable may have an action, at law or in equity, against any 1 or more of them, and the complaint shall state the claim against the corporation, and the ground on which the plaintiff expects to charge the defendants personally.
# (b)
No suit shall be brought against any officer, director or stockholder for any debt of a corporation of which such person is an officer, director or stockholder, until judgment be obtained therefor against the corporation and execution thereon returned unsatisfied.
Amendment history
56 Del. Laws, c. 50; 71 Del. Laws, c. 339, § 71
Source: view the official text
In this title (40 sections)
- 8-292 · Title to property; filing order of appointment; exception
- 8-293 · Notices to stockholders and creditors
- 8-294 · Receivers or trustees; inventory; list of debts and report
- 8-295 · Creditors’ proofs of claims; when barred; notice
- 8-296 · Adjudication of claims; appeal
- 8-297 · Sale of perishable or deteriorating property
- 8-298 · Compensation, costs and expenses of receiver or trustee
- 8-299 · Substitution of trustee or receiver as party; abatement of…
- 8-300 · Employee’s lien for wages when corporation insolvent
- 8-301 · Discontinuance of liquidation
- 8-302 · Compromise or arrangement between corporation and creditors or…
- 8-303 · Proceeding under the Federal Bankruptcy Code of the United…
- 8-311 · Revocation of voluntary dissolution; restoration of expired…
- 8-312 · Revival of certificate of incorporation
- 8-313 · Revival of certificate of incorporation or charter of exempt…
- 8-314 · Status of corporation
- 8-321 · Service of process on corporations
- 8-322 · Failure of corporation to obey order of court; appointment of…
- 8-323 · Failure of corporation to obey writ of mandamus; quo warranto…
- 8-324 · Attachment of shares of stock or any option, right or interest…
- 8-325 · Actions against officers, directors or stockholders to enforce…
- 8-326 · Action by officer, director or stockholder against corporation…
- 8-327 · Stockholder’s derivative action; allegation of stock ownership
- 8-328 · Effect of liability of corporation on impairment of certain…
- 8-329 · Defective organization of corporation as defense
- 8-330 · Usury; pleading by corporation
- 8-341 · Law applicable to close corporation
- 8-342 · Close corporation defined; contents of certificate of…
- 8-343 · Formation of a close corporation
- 8-344 · Election of existing corporation to become a close corporation
- 8-345 · Limitations on continuation of close corporation status
- 8-346 · Voluntary termination of close corporation status by amendment…
- 8-347 · Issuance or transfer of stock of a close corporation in breach…
- 8-348 · Involuntary termination of close corporation status; proceeding…
- 8-349 · Corporate option where a restriction on transfer of a security…
- 8-350 · Agreements restricting discretion of directors
- 8-351 · Management by stockholders
- 8-352 · Appointment of custodian for close corporation
- 8-353 · Appointment of a provisional director in certain cases
- 8-354 · Operating corporation as partnership