Delaware § 508 Injunction against exercise of franchise or transacting business

Delaware Statutes

§ 508 — Injunction against exercise of franchise or transacting business

Delaware·Title 8·Ch. 5 CORPORATION FRANCHISE TAX

The Attorney General, either of the Attorney General’s own motion or upon request of the Secretary of State, whenever any franchise tax due under this chapter from any corporation shall have remained in arrears for a period of 3 months after the tax shall have become payable, may apply to the Court of Chancery, by petition in the name of the State, on 5 days’ notice to the corporation, which notice may be served in such manner as the Court may direct, for an injunction to restrain the corporation from the exercise of any franchise or the transaction of any business within the State, until the payment of the tax, interest due thereon and the cost of the application, which shall be fixed by the Court. The Court of Chancery may grant the injunction, if a proper case appears, and upon granting

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The Attorney General, either of the Attorney General’s own motion or upon request of the Secretary of State, whenever any franchise tax due under this chapter from any corporation shall have remained in arrears for a period of 3 months after the tax shall have become payable, may apply to the Court of Chancery, by petition in the name of the State, on 5 days’ notice to the corporation, which notice may be served in such manner as the Court may direct, for an injunction to restrain the corporation from the exercise of any franchise or the transaction of any business within the State, until the payment of the tax, interest due thereon and the cost of the application, which shall be fixed by the Court. The Court of Chancery may grant the injunction, if a proper case appears, and upon granting and service of the injunction, the corporation thereafter shall not exercise any franchise or transact any business within this State until the injunction shall be dissolved.

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Legislative History

21 Del. Laws, c. 166, § 7 ; 22 Del. Laws, c. 15, § 7 ; Code 1915, § 108; 36 Del. Laws, c. 6, § 6 ; Code 1935, § 101; 8 Del. C. 1953, § 508; 55 Del. Laws, c. 90, § 1 ; 71 Del. Laws, c. 339, § 103