Section 225 of the Delaware General Corporation Law (“DGCL”) provides a mechanism through which shareholders, directors or officers of a corporation can challenge the appointment, removal or resignation of any
Continue Reading Chancery Reinstates Director Under Section 225 Who Was Deceived Into Resigning
DGCL Section 225
Court Vacates Memorandum Opinion Under Rule 60(b)
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Court of Chancery Rule 60(b) allows a party to seek vacatur of a memorandum opinion or an order, under the “interests of justice” when events beyond such party’s control thwarts…
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Disputes Over Board Composition or Officer Position (Part II)
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- Shareholders (both record holders or beneficial holders)
- Directors (incumbent and putative)
- Officers (only if his or her own title to office is
…
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Disputes Over Board Composition or Officer Position (Part I)
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If you are a shareholder or director of a Delaware corporation, and you dispute the composition of the company’s board of directors, or the appointment of an officer, you have…
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Section 225: Who Has Standing to Bring Such Actions
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In asserting an action under Section 225 of the Delaware General Corporation Law (the “DGCL”) to determine the proper board composition of a Delaware corporation or its officers, a question…
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Section 225: Proper Scope of Proceeding
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Section 225 of the Delaware General Corporation Law (the “DGCL”) provides a basis for a shareholder or director to petition the Court of Chancery to determine the proper board composition…
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Section 225: New Election Ordered as Remedy for Improper Shareholder Meetings
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The Delaware Court of Chancery has jurisdiction to determine whether an election of a director of a Delaware corporation is proper, and frequently adjudicates disputed elections pursuant to Section 225…
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Disputes Over Board Composition or Officer Position
By Fox Rothschild LLP on
If you are a shareholder or director of a Delaware corporation, and you dispute the composition of the company’s board of directors, or the appointment of an officer, you have…
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Court of Chancery Resolves Dispute Over Board Composition of a Non-Stock Corporation
By Sheldon Rennie on
“Delaware has not provided a separate statute for non-stock corporations, but has instead dealt with such corporations within the ambit of the DGCL”.
Court Dismisses Claim Seeking Removal of Director Based Upon Inherent Equitable Powers of Court
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In the case of Shocking Technologies v. Michael, C.A. No. 7164-VCN (Del. Ch. Apr. 10, 2012), the Delaware Court of Chancery examined whether it has the inherent authority…