Iowa Code
Iowa Code § 490.852 (2026)
Mandatory indemnification
✓ current as of July 2026
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A corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because the director is or was a director of the corporation against expenses incurred by the director in connection with the proceeding. 89 Acts, ch 288, §100; 2002 Acts, ch 1154, §46, 125; 2021 Acts, ch 165, §112, 230 Referred to in §490.853, 490.854, 490.856, 491.3, 491.16, 497.34, 498.36, 499.59A, 508C.16, 524.801
\nNotes of Decisions
Cited in 5
cases (2 in the last 5 years), 2003–2023 · leading case: In re Internet Navigator Inc., 293 B.R. 198 (Bankr. D. Iowa 2003).
In re Internet Navigator Inc., 293 B.R. 198 (Bankr. D. Iowa 2003). “2d 905 (Iowa 1975), and 3) Bradley & Riley must be denied *205 payment pursuant to Iowa Code section 490.852. Bradley & Riley claim that Iowa Code section 490.”
On-Line Servs. Ltd. v. Bradley & Riley PC (In Re Internet Navigator, Inc.), 301 B.R. 1 (8th Cir. BAP 2003). “Iowa Code § 490.852 (1989). Thus, to be entitled to mandatory indemnification, a director must be “wholly successful, on the merits or otherwise,” in the underlying litigation.”
Joseph Goche v. WMG, L.C. (Iowa 2022). “Goche relies on caselaw decided under Iowa Code section 490.852, the indemnity provision in the Iowa Business Corporations Act: In re Internet Navigator, Inc.”
Hora v. Hora (Iowa Ct. App. 2023). “” Iowa Code § 490.852 . This provision is intended to mandate indemnification when “the proceeding is disposed of on a basis which does not involve a finding of liability.”
On-Line Servs. Ltd v. Bradley & Riley (8th Cir. BAP 2003). “Iowa Code § 490.852 (1989). Thus, to be entitled to mandatory indemnification, a director must be “wholly successful, on the merits or otherwise,” in the underlying litigation.”
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