(a) Executive officers of covered employers are included within this chapter; provided, however, that as many as 8 officers who are stockholders of a corporation or as many as 4 individuals who are members of a limited liability company may be exempted from this chapter if the corporation and the exempted corporate officers or the limited liability company and the exempted members agree in writing to such an exemption. Anyone or all of the officers who are stockholders of a corporation or anyone or all members of the limited liability company who elect an exemption shall for the purposes of § 2306 of this title be considered employees.

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Terms Used In Delaware Code Title 19 Sec. 2308

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Executive officers: means the president, any vice-president, secretary, treasurer or any other executive officer elected and empowered by the board of directors in accordance with the charter and the regularly adopted bylaws of the corporation. See Delaware Code Title 19 Sec. 2301
  • Immediate family: means a parent, spouse, child or sibling of a sole proprietor or partner. See Delaware Code Title 19 Sec. 2301

(b) Sole proprietors and partners are not included within this chapter, but such sole proprietor or partner may elect coverage in accordance with § 2306 of this title.

(c) Members of the immediate family of a sole proprietor or partner are included within this chapter; provided, however, that any such person may be exempted from this chapter if that person agrees in writing to such an exemption.

Code 1915, § ?3193qq; 29 Del. Laws, c. 233; 33 Del. Laws, c. 206, § ?2; 35 Del. Laws, c. 193, § ?2; Code 1935, § ?6113; 46 Del. Laws, c. 50, § ?1; 19 Del. C. 1953, § ?2308; 50 Del. Laws, c. 339, § ?4; 64 Del. Laws, c. 92, § ?1; 64 Del. Laws, c. 157, § ?1; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 184, § ?1; 72 Del. Laws, c. 185, § ?2; 73 Del. Laws, c. 58, §§ ?1, 2; 76 Del. Laws, c. 33, § ?1;