Hudson Farms, Inc. v. McGrellis

WALSH, Justice:

In this appeal, we address the question of whether a foreign corporation must meet the registration requirements of 8 Del. C. § 371 before filing suit in Delaware. In dismissing the underlying action, the Superior Court ruled that such compliance was a pre-condition to the filing of suit and could not be satisfied by registration while the action was pending. We conclude that the statutory scheme does not require dismissal of an action if compliance is effected during maintenance of the suit. Accordingly, we reverse.

I

The relevant facts are undisputed. The appellant, Hudson…