Delaware Code

8 Del. C. § 161 (2026)

Issuance of additional stock; when and by whom

✓ current as of May 2026

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The directors may, at any time and from time to time, if all of the shares of capital stock which the corporation is authorized by its certificate of incorporation to issue have not been issued, subscribed for, or otherwise committed to be issued, issue or take subscriptions for additional shares of its capital stock up to the amount authorized in its certificate of incorporation.

8 Del. C. 1953, § 161; 56 Del. Laws, c. 50.;

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2007–2024 · leading case: Anderson v. Dobson, 627 F. Supp. 2d 619 (W.D.N.C. 2007).

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Anderson v. Dobson, 627 F. Supp. 2d 619 (W.D.N.C. 2007). “” 8 Del. C. §§ 161, 219. In 2002, the Delaware Supreme Court specifically addressed Delaware’s statutory scheme concerning the issuance of corporate stock.”

Seavitt v. N-Able, Inc. (Del. Ch. 2024). “74 8 Del. C. § 161 (“The directors may, at any time and from time to time, if all of the shares of capital stock which the corporation is authorized by its certificate of incorporation to issue have not been issued, subscribed for, or otherwise committed to be issued, issue or…”

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