N.C. Gen. Stat. » Chapter 55
NC General Statutes

N.C. Gen. Stat. § 55-8-52 (2026)

Mandatory indemnification

✓ current as of July 2026
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Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which he was a party because he is or was a director of the corporation against reasonable expenses incurred by him in connection with the proceeding. (1955, c. 1371, s. 1; 1969, c. 797, ss. 2, 3; 1973, c. 469, s. 6; 1985 (Reg. Sess., 1986), c. 1027, ss. 39, 40; 1989, c. 265, s. 1.)

 

Notes of Decisions
Cited in 2 cases, 2005–2018 · leading case: Adelphia Commc'ns Corp. v. Rigas (In Re Adelphia Commc'ns Corp.), 323 B.R. 345 (Bankr. S.D.N.Y. 2005).
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Adelphia Commc'ns Corp. v. Rigas (In Re Adelphia Commc'ns Corp.), 323 B.R. 345 (Bankr. S.D.N.Y. 2005). “N.C. Gen.Stat. Ann. § 55-8-52. 78 . N.C. Gen.”
Wheeler v. Wheeler, 2018 NCBC 117 (N.C. Bus. Ct. 2018). · cites it 4× “§ 55-8-52 provides that a director has a mandatory right to indemnification, irrespective of indemnification rights provided for in a corporation’s by-laws, where the director “was wholly successful, on the merits or otherwise, in the defense of any proceeding to which he was a…”
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