Idaho Statutes
§ 30-30-304 — ULTRA VIRES
(1)Except as provided in subsection (2) of this section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.
(2)A corporation’s power to act may be challenged in a proceeding against the corporation to enjoin an act where a third party has not acquired rights. The proceeding may be brought by a director, or by a member or members in a derivative proceeding.
(3)A corporation’s power to act may be challenged in a proceeding against an incumbent or former director, officer, employee or agent of the corporation. The proceeding may be brought by a director, the corporation, directly, derivatively, or through a receiver, a trustee or other legal representative.
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Related
A.C. & C.E. Investments, Inc. v. Eagle Creek Irrigation Company
(Idaho Supreme Court, 2023)
Schiermeier v. State
(Idaho Supreme Court, 2022)
Legislative History
[30-30-304, added 2015, ch. 243, sec. 76, p. 975.]
Nearby Sections
15
§ 30-14-101
SHORT TITLE§ 30-14-102
DEFINITIONS§ 30-14-103
REFERENCES TO FEDERAL STATUTES§ 30-14-104
REFERENCES TO FEDERAL AGENCIES§ 30-14-105
ELECTRONIC RECORDS AND SIGNATURES§ 30-14-201
EXEMPT SECURITIES§ 30-14-202
EXEMPT TRANSACTIONS§ 30-14-202A
FAIRNESS HEARING§ 30-14-203
ADDITIONAL EXEMPTIONS AND WAIVERS§ 30-14-301
SECURITIES REGISTRATION REQUIREMENT§ 30-14-302
NOTICE FILING§ 30-14-303
SECURITIES REGISTRATION BY COORDINATION§ 30-14-304
SECURITIES REGISTRATION BY QUALIFICATION§ 30-14-305
SECURITIES REGISTRATION FILINGS