The Delaware Court of Chancery, in Alfredo J. Martinez, et al. v. GPB Capital Holdings, LLC, C.A. No. 2019-1005-SG, memo. op. (Del. Ch. June 9, 2020), rules that a limited partner did not meet form-and-manner requirements for a statutory books-and-records demand submitted by his agent, where a statement of the agent’s authority did not accompany the demand, though submitted before litigation.
Morris James discusses the decision in Chancery Rejects Argument that Books and Records Plaintiff Could “Retroactively” Comply with Statutory Demand Requirements.