Delaware Code (Titles 8, 9, 25, 30)
8 Del. C. § 329
Defective organization of corporation as defense
Official textdelcode.delaware.gov
# (a)
No corporation of this State and no person sued by any such corporation shall be permitted to assert the want of legal organization as a defense to any claim.
# (b)
This section shall not be construed to prevent judicial inquiry into the regularity or validity of the organization of a corporation, or its lawful possession of any corporate power it may assert in any other suit or proceeding where its corporate existence or the power to exercise the corporate rights it asserts is challenged, and evidence tending to sustain the challenge shall be admissible in any such suit or proceeding.
Amendment history
56 Del. Laws, c. 50.
Source: view the official text
In this title (40 sections)
- 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
- 8-355 · Stockholders’ option to dissolve corporation
- 8-356 · Effect of this subchapter on other laws
- 8-361 · Law applicable to public benefit corporations; how formed
- 8-362 · Public benefit corporation defined; contents of certificate of…