Delaware Statutes

§ 3857 — Doing business without registration

Delaware·Title 12·Part Fiduciary Relations·Ch. 38 TREATMENT OF DELAWARE STATUTORY TRUSTS·Subch. Foreign Statutory Trusts
(a)A foreign statutory trust doing business in the State may not maintain any action, suit or proceeding in the State until it has registered in the State, and has paid to the State all fees and penalties for the years or parts thereof, during which it did business in the State without having registered.
(b)The failure of a foreign statutory trust to register in the State does not:
(1)Impair the validity of any contract or act of the foreign statutory trust;
(2)Impair the right of any other party to the contract to maintain any action, suit or proceeding on the contract; or
(3)Prevent the foreign statutory trust from defending any action, suit or proceeding in any court of the State.
(c)A beneficial owner or a trustee of a foreign statutory trust is not liable for the obligation

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Legislative History

71 Del. Laws, c. 335, § 11 ; 73 Del. Laws, c. 329, § 1

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