Del. C. » Title 8 — · CHAPTER 1. General Corporation Law · Corporations

8 Del. C. § 169

Situs of ownership of stock

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For all purposes of title, action, attachment, garnishment and jurisdiction of all courts held in this State, but not for the purpose of taxation, the situs of the ownership of the capital stock of all corporations existing under the laws of this State, whether organized under this chapter or otherwise, shall be regarded as in this State.

8 Del. C. 1953, §  169;  56 Del. Laws, c. 50.; 
Notes of Decisions
Cited in 36 cases (5 in the last 5 years), 1959–2025 · leading case: U. S. Industries, Inc., a Corporation, and Diversacon Industries, Inc., a Corporation v. F. Browne Gregg
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U. S. Industries, Inc., a Corporation, and Diversacon Industries, Inc., a Corporation v. F. Browne Gregg (1976) ca3 · cites it 8× “Though physically the certificates were in the First National Bank of Leesburg, Florida, where Gregg had pledged them as security for a loan, appellee contends the shares were property in Delaware because of USI’s Delaware incorporation and the situs rule of 8 Del.C. § 169.…”
Shaffer v. Heitner (1977) scotus · cites it 2× “Under 8 Del. C. § 169 the `situs of the ownership of the capital stock of all corporations existing under the laws of this State .”
Greyhound Corporation v. Heitner (1976) del · cites it 3× “Under 8 Del.C. § 169 3 the “situs of the ownership of the capital stock of all corporations existing under the laws of this State .”
Jacobs v. Tenney (1970) ded · cites it 2× “The situs of shares of Omega, a Delaware corporation, is Delaware, 8 Del.C. § 169, and the indebtedness owed by a Delaware corporation also has its situs in Delaware.”
Savchuk v. Rush (1978) minn · cites it 2× “[2] 8 Del.Code Ann. § 169 makes Delaware the situs of ownership of stock in Delaware corporations; the rule in the other 49 states places that situs in the state of the owner's residence.”
U.S. Industries, Inc. v. Gregg (1978) ded · cites it 3× “However, 8 Del.C. § 169 4 provides .that the situs of the stock of a Delaware corporation is Delaware, regardless of the actual physical location of the stock certificates.”
United Industrial Corp. v. Nuclear Corp. of America (1964) ded · cites it 2× “This argument, is based on the fact that Nuclear is a Delaware corporation, and 8 Del.C. § 169 provides that “the situs of the ownership' of the capital stock” of a Delaware corporation shall be regax'ded as in Delaware “[f]or all purposes of title, action, attachment,…”
U. S. Industries, Inc. v. Gregg (1972) ded “8 Del.C. § 169. Accordingly, interests therein coming within the scope of 10 Del.”
Barber-Greene Co. v. Walco National Corp. (1977) ded · cites it 2× “95 (1945)] and its progeny apply to jurisdiction denominated quasi in rem; and (b) If they do, whether the statutory situs of 8 Del.C. § 169, alone, is a sufficient minimum contact to support the jurisdiction here exercised.”
Baker v. Gotz (1975) ded “Defendants do not press this argument as to the 50 shares of Itel stock which defendants concede has a situs in Delaware for purposes of jurisdiction under 8 Del.C. § 169. 6 . The shares of Itel company stock are excluded from this and further discussion.”
United States v. Sinclair (1972) ded “In addition to the federal statute, 8 Del.C. § 169 provides that all stock in a Delaware corporation is regarded as having its situs in Delaware for purposes of jurisdiction and attachment (although not for purposes of state taxation).”
Hibou, Inc. v. Ramsing (1974) delsuperct “Thus, even though this case has no relation to the property attached — shares of a stock of Trident Oil Corporation, the property does have its situs in this State by virtue of 8 Del.C. § 169 and is within the jurisdiction of the Court.”
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