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Stockholders of a public benefit corporation owning individually or collectively, as of the date of instituting such derivative suit, at least 2% of the corporation's outstanding shares or, in the case of a corporation with shares listed on a national securities exchange, the lesser of such percentage or shares of at least $2,000,000 in market value, may maintain a derivative lawsuit to enforce the requirements set forth in ??365(a) of this title.
Cite this article: FindLaw.com - Delaware Code Title 8. Corporations § 367. Derivative suits - last updated January 01, 2019 | https://codes.findlaw.com/de/title-8-corporations/de-code-sect-8-367/
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