2019 US Virgin Islands Code
Title 13 - Corporations and Associations
Chapter 1 - General Corporation Law
Subchapter VII - Meetings, Elections, Voting, and Notice
§ 194. Contested election; proceedings to determine validity

Upon the application by any stockholder the district court may hear and determine the validity of any stockholders' vote or any election of any director of any corporation organized under this chapter, and the right of any person to hold such office, and in case any such office is claimed by more than one person may determine the person entitled thereto; and to that end make such order or decree in any such case as may be just and proper, with power to enforce the production of any books, papers and records of the corporation relating to the issue. In addition to other grounds of invalidity, the court may declare any election or vote of stockholders invalid if it is satisfied that proxies or votes cast thereat have been procured (a) by bribery or (b) as a result of statements or letters or other documents soliciting proxies which contained a material misstatement of fact or omitted to state facts so as to render the facts stated therein misleading in a material respect, and that proxies or votes so procured determined the result of the election. In case it should be determined that no valid election of the corporation has been held, the district court may order an election to be held in the manner provided in section 193 of this chapter. In any such application service of copies of such petition upon the resident agent of the corporation shall be deemed to be service upon the corporation and upon the person whose title to office is contested and upon the person, if any, claiming such office; and the resident agent shall forward immediately a copy of the petition so delivered to him, or it, to the corporation and to the person whose title to office is contested and to the person, if any, claiming such office, in a postpaid, sealed, registered letter addressed to such corporation or such person at its or his last known post-office address. The court may make such further or other order respecting notice of such application as it deems proper under the circumstances.