3788

(a) No corporation organized in accordance with this subtitle or organized pursuant to the laws of the Commonwealth shall be permitted to assert or maintain the want of legal organization as a defense in any litigation against the corporation. No person who is sued by the corporation shall be permitted to assert as a defense such want of legal existence.\n(b) This section shall not be construed to prevent judicial inquiry into the regularity or validity of the organization of a corporation, or its lawful possession of any corporate power it may assert in any other suit 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 suit or proceeding.\nHistory —Dec. 16, 2009, No. 164, § 12.08.