Loading chat...

DE SJR12

Joint Resolution

Status

Passed

6/30/2014

Primary Sponsor

Bryan Townsend

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Calls upon the Delaware State Bar Association and its Corporation Law Section to continue examining the state's business entity laws following the 2014 ATP Tours, Inc. v. Deutscher Tennis Bund decision that upheld "fee-shifting" bylaws for non-stock corporations

  • Expresses concern that allowing stock corporations to adopt fee-shifting bylaws could deter meritorious litigation by investors and upset the balance between directors, officers, controlling stockholders, and other stockholders

  • Directs examination of permissible scope of corporate governance documents affecting litigation conduct and forum selection for claims under Delaware business entity laws

  • Requests review of statutes and court rules governing appraisal rights, including the rate of interest on fair value determinations

  • Asks for legislative proposals to be submitted to the 148th General Assembly, potentially modifying, limiting, or expanding proposed Senate Bill 236 regarding these corporate litigation issues

Legislative Description

Calling For Continued Examination Of Important Proposed Amendments To The Delaware General Corporation Law Relating To Fee-shifting Bylaws And Other Aspects Of Corporate Litigation.

Last Action

Signed by Governor

6/30/2014

Committee Referrals

Judiciary6/24/2014

Full Bill Text

No bill text available