Title 8 — Corporations
3 chapters · 37 sections in this title.
8 Del. C. § 501. Corporations subject to and exempt from franchise tax.
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§ 501. Corporations subject to and exempt from franchise tax. (a) Every telegraph, telephone or cable company, every electric company organized for the production and/or distribution of light, heat or power, every company organized for the purpose of producing and/or distributing…
8 Del. C. § 502. Annual franchise tax report; contents; failure to file and pay tax; duties of Secretary of State.
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§ 502. Annual franchise tax report; contents; failure to file and pay tax; duties of Secretary of State. (a) Annually on or before March 1, every corporation now existing or hereafter incorporated under Chapter 1 of this title or which has accepted the Constitution of this State,…
8 Del. C. § 503. Rates and computation of franchise tax.
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§ 503. Rates and computation of franchise tax. (a) All corporations accepting the provisions of the Constitution of this State and coming under Chapter 1 of this title, and all corporations which have heretofore filed or may hereafter file a certificate of incorporation under sai…
8 Del. C. § 504. Collection and disposition of tax; tentative return and tax; penalty interest; investigation of annual franchise tax report; notice of additional tax due.
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§ 504. Collection and disposition of tax; tentative return and tax; penalty interest; investigation of annual franchise tax report; notice of additional tax due. (a) The franchise tax shall be due and payable on March 1 following the close of the calendar year, except that with r…
8 Del. C. § 505. Review and refund; jurisdiction and power of the Secretary of State; appeal.
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§ 505. Review and refund; jurisdiction and power of the Secretary of State; appeal. (a) If any corporation claims that the annual franchise tax or any penalties or interest were erroneously or illegally fixed or paid with respect to a calendar year, the corporation may, not later…
8 Del. C. § 506. Fund for payment of refunds.
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§ 506. Fund for payment of refunds. Repealed by 77 Del. Laws, c. 216, § 2.
8 Del. C. § 507. Collection of tax; preferred debt.
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§ 507. Collection of tax; preferred debt. The franchise tax shall be a debt due from the corporation to the State, for which an action at law may be maintained after the same shall have been in arrears for a period of 1 month. The tax shall also be a preferred debt in case of ins…
8 Del. C. § 508. Injunction against exercise of franchise or transacting business.
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§ 508. Injunction against exercise of franchise or transacting business. 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 arre…
8 Del. C. § 509. Further remedy in Court of Chancery; appointment of receiver or trustee; sale of property.
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§ 509. Further remedy in Court of Chancery; appointment of receiver or trustee; sale of property. (a) After any corporation, now existing or hereafter incorporated under Chapter 1 of this title, has failed or neglected for the period of 1 year to pay the franchise taxes imposed b…
8 Del. C. § 510. Failure to pay tax or file a complete annual report for 1 year; charter void; extension of time.
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§ 510. Failure to pay tax or file a complete annual report for 1 year; charter void; extension of time. If any corporation, accepting the Constitution of this State and coming under Chapter 1 of this title, or any corporation which has heretofore filed or may hereafter file a cer…
8 Del. C. § 511. Repeal of charters of delinquent corporations; report to Governor and proclamation.
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§ 511. Repeal of charters of delinquent corporations; report to Governor and proclamation. On or before June 30 in each year, the Secretary of State shall report to the Governor a list of all the corporations, which for 1 year next preceding such report, have failed, neglected or…
8 Del. C. § 512. Filing and publication of proclamation.
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§ 512. Filing and publication of proclamation. A list of those corporations whose charters were repealed by gubernatorial proclamation pursuant to § 511 of this title shall be filed in the office of the Secretary of State. On or before October 31 of each calendar year, the Secret…
8 Del. C. § 513. Acting under proclaimed charter; penalty.
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§ 513. Acting under proclaimed charter; penalty. Whoever exercises or attempts to exercise any powers under the certificate of incorporation of any corporation which has been proclaimed by the Governor, after the issuance of the proclamation, shall be fined not more than $1,000 o…
8 Del. C. § 514. Mistakes in proclamation; correction.
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§ 514. Mistakes in proclamation; correction. Whenever it is established to the satisfaction of the Governor that any corporation named in the proclamation has not neglected or refused to pay the franchise tax or file a completed annual franchise tax report within 1 year, or has b…
8 Del. C. § 515. Annual report of Secretary of State.
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§ 515. Annual report of Secretary of State. The Secretary of State shall prepare and publish an annual report containing such statistics as may be available with respect to the operation of this chapter, including the amounts collected and amounts unpaid for each year for which t…
8 Del. C. § 516. Retaliatory taxation and regulation; imposition.
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§ 516. Retaliatory taxation and regulation; imposition. When, by the laws of any other state or nation, any other or greater taxes, fines, penalties, licenses, fees, or other obligations or requirements are imposed upon corporations chartered under Chapter 1 of this title, doing …
8 Del. C. § 517. Duties of Attorney General.
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§ 517. Duties of Attorney General. The Attorney General shall have all the powers and authorities in conjunction with the Secretary of State to collect franchise taxes and penalties due from proclaimed corporations and corporations whose charter has become void by operation of la…
8 Del. C. § 518. Relief for corporations with assets in certain unfriendly nations.
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§ 518. Relief for corporations with assets in certain unfriendly nations. All corporations incorporated and existing under the laws of this State, all of whose assets are located in any country from which it is impossible to remove such assets or withdraw income, or whose assets …