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.
Structure Delaware Code
Chapter 5. CORPORATION FRANCHISE TAX
§ 501. Corporations subject to and exempt from franchise tax.
§ 503. Rates and computation of franchise tax.
§ 505. Review and refund; jurisdiction and power of the Secretary of State; appeal.
§ 506. Fund for payment of refunds.
§ 507. Collection of tax; preferred debt.
§ 508. Injunction against exercise of franchise or transacting business.
§ 509. Further remedy in Court of Chancery; appointment of receiver or trustee; sale of property.
§ 511. Repeal of charters of delinquent corporations; report to Governor and proclamation.
§ 512. Filing and publication of proclamation.
§ 513. Acting under proclaimed charter; penalty.
§ 514. Mistakes in proclamation; correction.
§ 515. Annual report of Secretary of State.
§ 516. Retaliatory taxation and regulation; imposition.
§ 517. Duties of Attorney General.
§ 518. Relief for corporations with assets in certain unfriendly nations.