Delaware Code

8 Del. C. § 123 (2026)

Powers respecting securities of other corporations or entities

✓ current as of May 2026

Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Any corporation organized under the laws of this State may guarantee, purchase, take, receive, subscribe for or otherwise acquire; own, hold, use or otherwise employ; sell, lease, exchange, transfer or otherwise dispose of; mortgage, lend, pledge or otherwise deal in and with, bonds and other obligations of, or shares or other securities or interests in, or issued by, any other domestic or foreign corporation, partnership, association or individual, or by any government or agency or instrumentality thereof. A corporation while owner of any such securities may exercise all the rights, powers and privileges of ownership, including the right to vote.

8 Del. C. 1953, § 123; 56 Del. Laws, c. 50.;

Notes of Decisions

Cited in 5 cases, 1963–2020 · leading case: Orzeck v. Englehart, 195 A.2d 375 (Del. 1963).

Sort: Relevance Newest Treatment

Orzeck v. Englehart, 195 A.2d 375 (Del. 1963). · cites it 2× “The basic fact in this cause is that the transaction complained of was the purchase by one corporation of all of the stock of seven other corporations.”

Advanced Video Tech., LLC v. HTC Corp., 103 F. Supp. 3d 409 (S.D.N.Y. 2015). “On the contrary, it is specifically authorized by 8 Del.C. § 123. Once the acquisition has been made the purchasing corporation thereafter has the status of a stockholder of the corporation whose shares it has purchased and nothing more.”

Getty Oil Co. v. Skelly Oil Co., 255 A.2d 717 (Del. Ch. 1969). “8 Del.C. § 123. Orzack v. Englehart, 41 Del.”

Applied Energetics, Inc. v. Farley (Del. Ch. 2020). “See 8 Del. C. § 123. A plausible argument can be made that Section 121 in its current form eliminates the need for Sections 122 and 123.”

Orzeck v. Englehart, 192 A.2d 36 (Del. Ch. 1963). “The corporation was authorized by 8 Del.C. § 123 to purchase the stock of the Olson companies.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.