Defective organization as a defense

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  • (a) No corporation organized under the laws of the United States Virgin Islands shall be permitted to set up, or rely upon the want of legal organization as a defense to any action against it, and no person transacting business with the corporation, or sued for injury done to its property, shall be permitted to rely upon such want of legal organization as a defense.

  • (b) This section shall not be construed to prevent judicial inquiry into the regularity or validity of the organization of the corporation or its lawful possession of any corporate power it may undertake to assert in any other action or proceeding where its corporate existence or the power to exercise the corporate rights it asserts is challenged, and evidence tending to sustain the challenge shall be admissible in any such action or proceeding.


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