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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- EIGHT
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1995
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 9, A. D.
1996
VOLUME LXX
Part II
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 70 - Part 2 |
| Description | Laws of the State of Delaware. The One Hundred And Thirty-Eight General Assembly First Session Commenced And Held At Dover On Tuesday, January 10, A.D. 1995 Second Session Commenced And Held At Dover On Tuesday, January 9, A.D. 1996 Volume LXX Part II. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY-EIGHT GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A.D. 1995 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 9, A.D. 1996 VOLUME LXX Part II Vol. 70 769 Approved May 23, 1996 CHAPTER 342 FORMERLY HOUSE BILL NO. 435 AS AMENDED BY HOUSE AMENDMENT NOS. 1 & 2 AND SENATE AMENDMENT NO. 2 AN ACT TO AMEND SUBCHAPTER IIIA OF CHAPTER 41, TITLE 21, DELAWARE CODE RELATING TO CONTROLLED-ACCESS HIGHWAYS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Two-thirds of all members elected to each House thereof concurring therein.) Section 1. Amend §4127, Title 21, Delaware Code, by striking the words in the title "Unlawful Evasion of Delaware Turnpike Tolls" and substituting in lieu thereof the words: "Unlawful Evasion of Delaware Turnpike and The Korean War Veterans Memorial Highway; Harassment of Toll Collectors.". Section 2. Amend §4127(b), Title 21, Delaware Code, by striking the second sentence commencing with the words "Any violation" and ending with the words "5 days or both" and substituting in lieu thereof the following: "Any such violation regarding the payment of tolls shall be punishable by a fine of not less than $25 nor more than $100, or imprisonment for not less than 10 nor more than 30 days, or both." Section 3. Amend §4127, Title 21, Delaware Code by adding thereto a new subsection (g) to read as follows: "(g) If any vehicle is witnessed by a police officer, toll collector, video surveillance device, to be in violation of subsection (b) of §4127, and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered committed such violation of subsection (b) §4127." Section 4. Amend §4127, Title 21, Delaware Code, by adding thereto a new subsection (h) to read as follows: "(h) Any person who commits an act of offensive touching, presents payment in the form of an obviously unsanitary piece of U.S. currency, or who commits any act knowing that one is thereby likely to cause offense or alarm to an on duty toll collector, will be guilty of an unclassified misdemeanor." 770 Vol. 70 CHAPTER 343 FORMERLY HOUSE BILL NO. 406 AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND SENATE AMENDMENT NOS. 1 Sr 2 AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein): Section 1. Amend §1441, Chapter 5, Title II of the Delaware Code by striking subsection (h) of said section, and substituting in lieu thereof the following: "(h) Notwithstanding any provision to the contrary, anyone retired as a police officer, as "police officer" is defined by §1911 of this Title, who is retired after having served at least 20 years in any law enforcement agency within this State, or who is retired and remains currently eligible for a duty-connected disability pension, may be licensed to carry a concealed deadly weapon for the protection of his or her person or property after his or her retirement, if the following conditions are strictly complied with: (1) If he or she applies for the license within 90 days of the date of his or her retirement, he or she shall pay a fee of $34.50 to the Prothonotary in the county where he or she resides and present to the Prothonotary both: a certification from the Attorney General's office, in a form prescribed by the Attorney General's office, verifying that the retired officer is in good standing with the law enforcement agency from which he or she is retired; and a letter from the Chief of the retired officer's agency verifying that the retired officer is in good standing with the law enforcement agency from which he or she is retired; or (2) If he or she applies for the license more than 90 days, but within 20 years, of the date of his or her retirement, he or she shall pay a fee of $34.50 to the Prothonotary in the county where he or she resides and present to the Prothonotary certification forms from the Attorney General's office, or in a form prescribed by the Attorney General's office, that: the retired officer is in good standing with the law enforcement agency from which he or she is retired; the retired officer's criminal record has been reviewed and that he or she has not been convicted of any crime greater than a violation since the date of his or her retirement; and the retired officer has not been committed to a psychiatric facility since the date of his or her retirement." Approved May 23, 1996 Vol. 70 171 CHAPTER 344 FORMERLY HOUSE BILL NO. 434 AN ACT TO AMEND CHAPTER 5, TITLE Ii OF THE DELAWARE CODE RELATING TO THE CRIME OF RECKLESS BURNING OR EXPLODING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §804, Chapter 5, Title 11 of the Delaware Code by designating the first paragraph of said section as new subsection (a), and by striking the second paragraph of said section in its entirety. Section 2. Amend §804, Chapter 5, Title 11 of the Delaware Code by adding thereto a new subsection, designated as subsection (b), which new subsection shall read as follows: "(b) Reckless burning or exploding shall be punished as follows: Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is less than fifteen hundred dollars ($1,500), such burning or exploding shall be a Class A misdemeanor. Where the total amount of pecuniary loss caused by the burning or exploding, when totaled for all victims, is fifteen hundred dollars ($1,500) or more, such burning or exploding shall be a Class G felony." Approved May 23, 1996 CHAPTER 345 FORMERLY SENATE BILL NO. 294 AN ACT TO AMEND AN ACT BEING CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO CLARIFY LONG-TERM BORROWING POWER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section I. Subsection (a), Section 32, of Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" be and the same is hereby amended by striking Subsection (a), Section 32, in its entirety and substituting in lieu thereof the following: "Section 32.(a) In addition to other borrowing powers granted to the Town under this Charter or by State law, the Commissioners shall have authority to borrow money for any proper municipal purpose through the issuance of bonds or other evidence of indebtedness to secure the repayment thereof, on the full faith and credit of the Town, or such other security or securities as the Commissioners shall elect, for the payment of principal thereof and interest due thereon." Section 2. Subsection (c), Section 32, be and the same is hereby amended by adding a new Paragraph 7. to said subsection as follows: "7. Paying all expenses deemed necessary by the Commissioners for the issuance of said bonds or other evidence of indebtedness, including bond discount and legal expenses of bond counsel." Approved May 23, 1996 772 Vol. 70 CHAPTER 346 FORMERLY SENATE BILL NO. 295 AN ACT TO AMEND AN ACT BEING CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO CHANGE THE TITLE OF THE TOWN CLERK TO TOWN MANAGER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section 1. Amend Chapter 504, Volume 57, Laws of Delaware, as amended, entitled "An Act to Incorporate the Town of Henlopen Acres" by striking the word "Clerk" as it appears in Subsection (a) of Section 9; Subsections (a), (b), and (c) of Section 15; Subsection (I) of Section 16; Subsection (b) of Section 21; Subsection (g) of Section 21A; Subsection (e) of Section 22; Subsection (a), (c), (d) and (e) of Section 23; Subsection (a) and (b) of Section 24; Subsection (b) of Section 25; Subsections (a) and (b) of Section 27; Subsections (a), (b) and (c) of Section 28; and Paragraph 7, Subsection (a) of Section 34 thereof and substituting in lieu thereof the word "Manager". Section 2. Amend the title prior to Section 15, Chapter 504, Volume 57, Laws of Delaware, as amended by striking the word "CLERK" as it appears therein and substituting in lieu thereof the word "MANAGER". Approved May 23, 1996 CHAPTER 347 FORMERLY SENATE BILL NO. 296 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND AN ACT BEING CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO PROVIDE ALTERNATIVE METHODS FOR COLLECTION OF UNPAID TAXES, FEES AND OTHER CHARGES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section 1. Amend Subsection (b) of Section 24, Chapter 504, Volume 57, Laws of Delaware, As Amended, by striking said Subsection (b) in its entirety and substituting the following in lieu thereof: (b) The Mayor or the Town Manager, when any tax becomes delinquent, may, in the name of the Town of Henlopen Acres, institute suit before any Justice of the Peace or in the Court of Common Pleas of the State of Delaware, in and for Sussex County, or in the Superior Court of the State of Delaware, in and for Sussex County, for the recovery of the unpaid tax in an action of debt, and upon judgment obtained, may sue out writs of execution as in case of other judgments recovered before a Justice of the Peace or in the Court of Common Pleas, or in the Superior Court, as the case may be. Section 2. Amend Subsection (c) of Section 24, Chapter 504, Volume 57, Laws of Delaware, As Amended, by striking said Subsection (c) in its entirety and substituting the following in lieu thereof: Should the Mayor or Town Manager so elect, he is empowered to sell the lands and tenements of the delinquent taxpayer or the lands and tenements of the delinquent taxpayer alienated subsequent to the levy of the tax by the direction of the Town Commissioners using any of those procedures specified for the sale of land for the collection of taxes on the part of the individuals charged with the responsibility for the collection of taxes for Sussex County, and all such procedures and methods available for the sale of land, as aforesaid, as they are presently enacted and hereafter amended, are included herein and made a part hereof by reference thereto, including the method of sale by monition, as the same is set forth in the statutes made and provided, substituting the Town of Henlopen Acres for Sussex County therein." Section 3. Amend Section 24, Chapter 504, Volume 57, Laws of Delaware, As Amended, by adding a new Subsection (d) to read as follows: All taxes imposed by the Town shall be and constitute a lien for a period of ten (10) years from date so levied upon the real property against which such charges are imposed. In the case of a life estate, the interest of the life tenant shall first be liable for the payment of any charges so levied. Such lien shall have preference and priority to all other prior liens on such real property, although such lien or liens be of a time and date prior to the time of attaching of such lien for taxes." Approved May 23, 1996 Vol. 70 773 774 Vol. 70 CHAPTER 348 FORMERLY SENATE BILL NO. 313 AN ACT TO AMEND CHAPTER 237, VOLUME 51, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE" RELATING TO INCREASING THE POWER TO RAISE REVENUE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all Members elected to each House thereof concurring therein): Section 1. AMEND Section 27. Chapter 237, Volume 51, Laws of Delaware, as amended, by striking the figure 1100,000.00" as the same appears in the first sentence of the said section and by substituting the figure "$200,000.00". Approved May 23, 1996 CHAPTER 349 FORMERLY SENATE BILL NO. 363 AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section 1. Amend Section 103(d), Title 8, Delaware Code, by deleting the last sentence thereof and substituting the following sentence; "If any instrument filed in accordance with subsection (c) of this section provides for a future effective date or time and if the transaction is terminated or its terms are amended to change the future effective date or time prior to the future effective date or time, the instrument shall be terminated or amended by the filing, prior to the future effective date or time set forth in such instrument, of a certificate of termination or amendment of the original instrument, executed in accordance with subsection (a) of this section, which shall identify the instrument which has been terminated or amended and shall state that the instrument has been terminated or the manner in which it has been amended." Section 2. Amend Section 141(c), Title 8, Delaware Code, by denominating the current text thereof as subsection "( 1 )" of such section; by adding the following two sentences as the first two sentences of such section: "All corporations incorporated prior to July 1, 1996, shall be governed by subsection (I) of this section. provided that any such corporation may by a resolution adopted by a majority of the whole board elect to be governed by subsection (2) of this section, in which case subsection (1) of this section shall not apply to such corporation. All corporations incorporated on or after July 1, 1996, shall be governed by subsection (2) of this section."; and by adding the following as subsection (2) of such section: "(2) The board of directors may designate 1 or more committees, each committee to consist of 1 or more of the directors of the corporation. The board may designate one or more directors as alternate members of any committee, who may replace any absent or disqualified member at any meeting of the committee. The bylaws may provide that in the absence or disqualification of a member of a committee, the member or members present at any meeting and not disqualified from voting, whether or not such member or members constitute a quorum. may unanimously appoint another member of the board of directors to act at the meeting in the place of any such absent or disqualified member. Any such committee, to the extent provided in the resolution of the board of directors, or in the bylaws of the corporation, shall have and may exercise all the powers and authority of the board of directors in the management of the business and affairs of the corporation, and may authorize the seal of the corporation to be affixed to all papers which may require it; but no such committee shall have the power or authority in reference to the following matters: (i) approving or adopting, or recommending to the stockholders, any action or matter expressly required by this chapter to be submitted to stockholders for approval or (ii) adopting, amending or repealing any bylaw of the corporation" Section 3. Amend Section 160(a)(1), Title 8, Delaware Code, by adding after the words "class or series of its stock" appearing in the first sentence the phrase ",or, if no shares entitled to such a preference are outstanding, any of its own shares.". Section 4. Amend Section 228(d), "fide 8, Delaware Code, by adding the following words at the end of the first sentence: "and who, if the action had been taken at a meeting, would have been entitled to notice of the meeting if the record date for such meeting had been the date that written consents signed by a sufficient number of holders or members to take the action were delivered to the corporation as provided in subsection (c) of this section"; and by deleting the following phrase from the end of the subsection: ", and that written notice has been given as provided in this section". Vol. 70 775 776 Chapter 349 Vol. 70 Section 5. Amend Section 242(a), Title 8, Delaware Code, by adding the words subdivision, combination" immediately following the word "reclassification" in the two places where such word appears in Section 242(a). Section 6. Amend Section 242(a)(3), Title 8, Delaware Code, by inserting immediately before "; or" at the end of such section the following: ", or by subdividing or combining the outstanding shares of any class or series of a class of shares into a greater or lesser number of outstanding shares". Section 7. Amend Section 242(c), Title 8, Delaware Code, by adding the words "the effectiveness of' immediately following the words "prior to". Section 8. Amend Section 251(b), Title 8, Delaware Code, by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 9. Amend Section 252(b), Title 8, Delaware Code, by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 10. Amend Section 253(a), Title 8, Delaware Code, by inserting the following immediately after the first sentence of subsection 253(a): "Any of the terms of the resolution of the board of directors to so merge may be made dependent upon facts ascertainable outside of such resolution, provided that the manner in which such facts shall operate upon the terms of the resolution is clearly and expressly set forth in the resolution. The term 'facts', as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 11. Amend Section 254(c), Title 8, Delaware Code, by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 12. Amend Section 255(b), Title 8, Delaware Code, by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 13. Amend Section 256(b), Title 8, Delaware Code by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 14. Amend Section 257(b), Title 8, Delaware Code, by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence. includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 15, Amend Section 263(b), Title 8, Delaware Code, by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 16. Amend Section 264(b), Title 8, Delaware Code, by adding the following sentence at the end thereof: "The term 'facts,' as used in the preceding sentence, includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation." Section 17. Amend Section 251(c)(6), Title 8, Delaware Code, by deleting the words "the principal place of business" and inserting in lieu thereof the words "an office". Chapter 349 Vol. 70 777 Section 18. Amend Section 252(c)(6), Title 8, Delaware Code, by deleting the words the principal place of business and inserting in lieu thereof the words "an office". Section 19. Amend Section 254(d)(6), Title 8, Delaware Code, by deleting the words "the principal place of business" and inserting in lieu thereof the words "an office". Section 20. Amend Section 263(c)(6), Title 8, Delaware Code, by deleting the words "the principal place of business" and inserting in lieu thereof the words "an office". Section 21. Amend Section 264(c)(6), Title 8, Delaware Code, by deleting the words "the principal place of business" and inserting in lieu thereof the words "an office". Section 22. Amend Section 262(d)(2), Title 8, Delaware Code, by deleting its text and substituting the following text: "If the merger or consolidation was approved pursuant to § 228 or § 253 of this title, each constituent corporation, either before the effective date of the merger or consolidation or within ten days thereafter, shall notify each of the holders of any class or series of stock of such constituent corporation who are entitled to appraisal rights of the approval of the merger or consolidation and that appraisal rights are available for any or all shares of such class or series of stock of such constituent corporation, and shall include in such notice a copy of this section; provided that, if the notice is given on or after the effective date of the merger or consolidation, such notice shall be given by the surviving or resulting corporation to all such holders of any class or series of stock of a constituent corporation that are entitled to appraisal rights. Such notice may, and, if given on or after the effective date of the merger or consolidation, shall, also notify such stockholders of the effective date of the merger or consolidation. Any stockholder entitled to appraisal rights may, within twenty days after the date of mailing of such notice, demand in writing from the surviving or resulting corporation the appraisal of such holder's shares. Such demand will be sufficient if it reasonably informs the corporation of the identity of the stockholder and that the stockholder intends thereby to demand the appraisal of such holder's shares. If such notice did not notify stockholders of the effective date of the merger or consolidation, either (i) each such constituent corporation shall send a second notice before the effective date of the merger or consolidation notifying each of the holders of any class or series of stock of such constituent corporation that are entitled to appraisal rights of the effective date of the merger or consolidation or (ii) the surviving or resulting corporation shall send such a second notice to all such holders on or within 10 days after such effective date; provided, however, that if such second notice is sent more than 20 days following the sending of the first notice, such second notice need only be sent to each stockholder who is entitled to appraisal rights and who has demanded appraisal of such holder's shares in accordance with this subsection. An affidavit of the secretary or assistant secretary or of the transfer agent of the corporation that is required to give either notice that such notice has been given shall, in the absence of fraud, be prima facie evidence of the facts stated therein. For purposes of determining the stockholders entitled to receive either notice, each constituent corporation may fix, in advance, a record date that shall be not more than 10 days prior to the date the notice is given; provided that, if the notice is given on or after the effective date of the merger or consolidation, the record date shall be such effective date. If no record date is fixed and the notice is given prior to the effective date, the record date shall be the close of business on the day next preceding the day on which the notice is given. Section 23. Amend Section 273(a), Title 8, Delaware Code, by adding the words ", unless otherwise provided in the certificate of incorporation of the corporation or in a written agreement between the stockholders" immediately after the words "either stockholder may". Section 24. This Act shall be effective on July 1, 1996. Approved May 23, 1996 778 Vol. 70 CHAPTER 350 FORMERLY SENATE BILL NO. 315 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 45, TITLE 6, DELAWARE CODE, RELATING TO EQUAL ACCOMMODATIONS; AND CHAPTER 30, TITLE 31, DELAWARE CODE, RELATING TO THE STATE HUMAN RELATIONS COMMISSION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Chapter 45, Title 6, Delaware Code, is amended by striking it in its entirety and inserting in lieu thereof a new Chapter 45 to read as follows: "CHAPTER 45. EQUAL ACCOMMODATIONS. Section Title 4500 Short Title 4501 Purpose and Construction 4502 Definitions 4503 Persons Entitled to Protection 4504 Unlawful Practices 4505 Commission's Authority; Power to Delegate Authority 4506 Commission's Power to Adopt Rules 4507 Education and Conciliation 4508 Procedure on Complaint 4509 Commission's Power to Investigate Compliance 4510 Compelling Attendance of Witnesses and Production of Documents, Oaths, Subpoenas 4511 Judicial Review 4512 Enforcement by the Attorney General § 4500. Short Title. This chapter may be cited as the 'Delaware Equal Accommodations Law.' § 4501. Purpose and Construction. This chapter is intended to prevent, in places of public accommodations, practices of discrimination against any person because of race, age, marital status, creed, color, sex, handicap or national origin. This chapter shall be liberally construed to the end that the rights herein Chapter 350 Vol. 70 provided for all people, without regard to race, age, marital status, creed, color, sex, handicap or national origin, may be effectively safeguarded. § 4502. DefinitionS. As used in this chapter: (I) A 'place of public accommodation means any establishment which caters to or offers goods or services or facilities to, or solicits patronage from, the general public. This definition shall apply to hotels and motels catering to the transient public, but it shall not apply to the sale or rental of houses, housing units, apartments, rooming houses or other dwellings, nor to tourist homes with less than ten rental units catering to the transient public. 'Chairperson' means the Chairperson of the State Human Relations Commission. 'Commission' means the State Human Relations Commission. 'Complainant' means the person who files a complaint under § 4508 of this chapter. 'Conciliation' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations. 'Conciliation agreement' means a written agreement setting forth the resolution of the issues in conciliation. 'Discriminatory public accommodations practice' means an act that is unlawful under this chapter. 'Handicap' means a physical or mental impairment which substantially limits a person's major life activities, or being regarded as having such an impairment, but such terms do not include current, illegal use of a controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802) or Delaware Code Title 16, Chapter 47, Uniform Controlled Substance Act. Discrimination against a handicapped person includes discrimination against the use of a support animal because of a physical handicap of the user. Support animal means any animal individually trained to do work or perform tasks to meet the requirements of a physically disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items. 'Marital status' means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship. 'Panel' means a group of three (3) or more Commissioners appointed by the Chairperson to perform any task authorized by this chapter. 'Panel Chair' means that Commissioner serving on a Panel who is designated by the Chairperson to serve as the chairperson of the Panel. 'Respondent' means a person who is alleged to have committed a discriminatory public accommodations practice. 'Special Administration Fund' means the fund created pursuant to 31 Del. C. §3005. § 4503. Persons Entitled to Protection. All persons within the jurisdiction of this State are entitled to the full and equal accommodations, facilities, advantages and privileges of any place of public accommodation 779 780 Chapter 350 Vol. 70 regardless of the race, age, marital status, creed, color, sex, handicap or national origin of such persons. § 4504. Unlawful Practices. No person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, shall directly or indirectly refuse, withhold from or deny to any person, on account of race, age, marital status, creed, color, sex, handicap or national origin, any of the accommodations, facilities, advantages, or privileges thereof. For the purpose of training support animals to be used by the handicapped, all trainers and their support animals shall be included within those covered by this subsection. No person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, shall directly or indirectly publish, issue, circulate, post or display any written, typewritten, mimeographed, printed or radio communications notice or advertisement to the effect that any of the accommodations, facilities, advantages and privileges of any place of public accommodation shall be refused, withheld from or denied to any person on account of race, age, marital status, creed, color, sex, handicap or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be appearing to be of any particular race, age, marital status, creed, color, sex, handicap or national origin is unlawful, objectionable, or not acceptable, desired, accommodated or solicited, or that the patronage of persons of any particular race, age, marital status, creed, color, sex, handicap or national origin is preferred or is particularly welcomed, desired or solicited. It shall be unlawful to assist, induce, incite or coerce another person to commit any discriminatory public accommodations practice prohibited by subsection (a) or (b) of this section. § 4505. Commission's A thorny: Power to Delegate Authority. (a) The authority and responsibility for administering this chapter shall be vested in the State Human Relations Commission. The Commission may delegate to a Panel any of its functions, duties and powers under this chapter including, but not limited to, the holding of public hearings and the ordering of relief pursuant to this chapter. The Commission may delegate to employees of the Division of Human Relations any of its functions, duties and powers with respect to investigating, conciliating, reporting or otherwise acting as to any work, business or matter under this chapter but may not delegate to such employees any of its functions, duties and powers with respect to the holding of public hearings or the ordering of relief pursuant to this chapter. § 4506. Commission's Power to Adopt Rules. The Commission shall have the power in accordance with the Administrative Procedures Act in Title 29 to adopt rules and regulations concerning the manner in which complaints shall be investigated or other investigations pursuant to this chapter shall be conducted, the manner in which public hearings shall be conducted, the general form and content of agreements and orders provided for in this chapter and such other rules as the Commission shall consider appropriate to assist it in performing its duties and in carrying out the purposes of this chapter. Such rules and regulations shall have the force and effect of law. § 4507. Fducation and Conciliation. The Commission may commence such educational and conciliatory activities as, in its judgement, will further the purposes of this chapter. It may call conferences of persons in the business industry and other interested parties to acquaint them with the provisions of this chapter and its suggested means of implementing it and endeavor, with their advice, to work out programs of voluntary compliance and of enforcement. The Commission may consult with State and local officials and other interested parties to learn the extent, if any, to which discriminatory public accommodations practices exist in the State or locality, and whether and how State or Chapter 350 Vol. 70 local enforcement programs might be utilized to combat such discrimination. The Commission may issue reports on such conferences and consultations as it deems appropriate. § 4508. Procedure on Complaint. (a) A person believing himself aggrieved by a discriminatory public accommodation practice proscribed by § 4504 of this chapter may, by himself or his attorney-at-law, file with the Commission a complaint in writing stating; (I) his or her name and address; the name and location of the place of public accommodation at which the discriminatory public accommodation practice occurred, and the date, time and an explanation thereof; if known, the name and address of each Respondent and, if different, the name of the owner, lessee, proprietor, manager or superintendent of the place of public accommodation; and such other information as the Commission requires. (b) No complaint shall be filed with the Commission more than 90 days after the occurrence of the alleged discriminatory public accommodation practice. (c) Within 120 days after the complaint is filed, the Commission shall investigate the complaint and endeavor to eliminate any unlawful discriminatory practice discovered through conciliation. Insofar as possible, conciliation meetings shall be held in the county where the alleged discriminatory public accommodations practice occurred. If the matter is resolved through conciliation, the parties shall enter a conciliation agreement stating the terms of the resolution of the matter. (d) Whenever the Commission has reasonable cause to believe that a Respondent has breached a conciliation agreement, the Commission shall refer the matter to the Attorney General with a recommendation that a civil action be filed under § 4512 of this chapter for the enforcement of such agreement. (e) If a complaint cannot be resolved through conciliation as provided in subsection (c), the Commission shall appoint a Panel to hold a public hearing within 60 days after the expiration of 120-day period for investigation and conciliation. The deadlines provided in subsections (c) and (e) may be extended by the Chairperson or the Panel Chair at the request of any party or an employee of the Division of Human Relations upon a showing of good cause. (f) Public hearings shall be conducted in accordance with rules prescribed by the Commission. Each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses and obtain the issuance of subpoenas under § 4509 of this chapter. The Delaware Rules of Evidence shall apply to the presentation of evidence in a public hearing as they would in an administrative hearing conducted in accordance with Subchapter Ill of the Administrative Procedures Act. A record shall be kept of all public hearings, a transcript of which shall be provided at cost upon request of a party. Decisions of the Panel shall be made by a majority of the members of the Panel. (g) If the l'anel determines that a violation of § 4504 has not occurred, it shall issue an order dismissing the complaint. The l'anel may award reasonable attorneys fees, costs and expenses to the Respondent pursuant to this subsection if it determines that the complaint was brought for an improper purpose, such as to harass or embarrass the Respondent. (h) If the Panel determines that a violation of § 4504 has occurred, it shall issue an order stating its findings of fact and conclusions of law and containing such relief as may be appropriate, including actual damages suffered by the aggrieved person 'including damages caused by humiliation and embarrassment', costs, expenses, reasonable attorneys' fees and injunctive or other equitable relief. To vindicate the public interest, the Panel may assess a civil penalty against the Respondent(s), to be paid to the Special Administration Fund: 781 782 Chapter 350 Vol. 70 in an amount not exceeding $5,000 for each discriminatory public accommodations practice if the Respondent has not been adjudged to have committed any prior discriminatory public accommodations practice; in an amount not exceeding $15,000 for each discriminatory public accommodations practice if the Respondent has been adjudged to have committed one other discriminatory public accommodations practice during the 5-year period ending on the date of the complaint; and in an amount not exceeding $25,000 for each discriminatory public accommodations practice if the Respondent has been adjudged to have committed two or more discriminatory public accommodations practices during the 7-year period ending on the date of the complaint. Copies of orders entered pursuant to subsections (g) and (h) shall be served personally or by registered or certified mail to each party or their counsel. If the Commission concludes, at any time following the filing of a complaint, that prompt judicial action is necessary to carry out the purpose of this chapter, the Commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such authorization, the Attorney General may elect, in the absence of a conflict of duties, to commence and maintain such an action in the Court of Chancery on behalf of the Commission. If the Attorney General does not elect to pursue such an action, the Commission may, with the written authorization of the Secretary of State, employ special counsel to pursue such action notwithstanding 29 Del. C. Section 2507. The commencement of a civil action under this subsection does not affect the initiation or continuation of proceedings under this section. § 4509. Commission'Alloner_lo Investigate Compliance. The Commission is empowered to investigate compliance with this chapter whether or not a complaint is filed pursuant to § 4508. In furtherance of and not in limitation of this power, the Commission may review practices of any place of public accommodation within this State. Investigations pursuant to this section that cannot be resolved through conciliation may be referred by the Commission to the Attorney General for further proceedings pursuant to §_45I2 of this chapter. § 4510. Compelling Attendance of Witnesses and Production of Documents Oaths, Subpoenas. The Commission may issue subpoenas and order discovery in aid of investigations and hearings under this chapter. Such subpoenas shall be signed by the Chairperson or Panel Chair and may be served by any sheriff, -deputy sheriff, constable or any member of the Commission or employee of the Division of I luman Relations and return thereof shall be made to the Commission. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the Superior Court. At any public hearing, any member of the Commission may administer oaths to all witnesses who may be called before the Commission. (e) Witnesses summoned by a subpoena under this chapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in Superior Court. (d) Where any person fails or neglects to attend and testify or answer any lawful inquiry or to produce records, documents or other evidence. if it is in such person's power to do so, in obedience to the subpoena or other lawful order under such subsection (a), the Attorney General, on behalf of the Commission, shall petition the Superior Court in the county where such person resides or conducts business fur an order requiring such person to appear betbre the Commission to produce evidence if so ordered or to give testimony pertaining to the matter Chapter 350 Vol. 70 under investigation or in question. Any failure to obey such order may be punished by the court as being in contempt of court. (e) Criminal penalties - (I) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if it is in such persons power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this section, shall, in each instance be fined not more than $2.500 or imprisoned not more than one year, or both. (2) Any person who, with intent thereby to mislead another person in any proceeding under this chapter: (A) makes or causes to be made any false entry or statement of fact in any report, account, record or other document produced pursuant to subpoena or other lawful order under subsection (a) of this section; (IS) - willfully neglects or fails to make or cause to be made full, true and correct entries in such reports, accounts, records or other documents; or (C) willfully mutilates, alters or by any other means falsities any documentary evidence; shall in each instance be lined not more than $2,500 or imprisoned not more than one year, or both. § 4511. .Judicial Review. Any party aggrieved by an order for relief under § 4508 of this chapter granting or denying, in whole or in part. the relief sought, may obtain a review of such order in the Superior Court in the county in which the discriminatory public accommodations practice is alleged to have occurred, pursuant to the civil rules of that court and the Administrative Procedures Act. Filing of the petition for review shall be not later than 30 days after the order is entered. Any party to the proceeding before the Panel may intervene in the Superior Court in the appeal process. No objection not made before the Panel shall be considered by the Court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances or when the interests of justice so require. § 4512. hiforcement by the Attorney General. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaging in a pattern of discriminatory public accommodation practices, that any person or group of persons has been denied any of the rights granted by this chapter and such denial raises an issue of general public importance or that any party to a conciliation agreement has breached such agreement. the Attorney General may commence a civil action in the Superior Court, Court of Chancery or both in any county of the State for appropriate relief including. but not limited to, equitable relief, monetary damages, reasonable attorneys fees, costs and expenses. To vindicate the public interest, the court may assess a civil penalty to be paid to the Special Administration Fund in an amount not exceeding $25,000 for a first violation of this section and in an amount not exceeding $50,000 for any subsequent violation of this section. When a civil action is initiated by the Attorney General pursuant to this section, no court shall charge fees of any kind in such proceeding to the Attorney General, the Commission or any of its members." Section 2. Amend § 3005(a). fitle 31. Deltmare Code, by striking subsections (1) and (2) in their entirety and substituting in lieu thereof the following: I ) All civil penalties assessed and collected pursuant to Chapter 45 ot 46 of Title 6. 783 784 (2) Costs, attorneys fees and expenses awarded to the Commission pursuant to Chapter 45 or 46 of Title 6." Section 3. Amend §3005(b) (2), Title 31, Delaware Code, by striking the words "§§ 4605 and 4606 of Title 6" in the first sentence and replacing them with the words "in Chapters 45 or 46 of Title 6". Section 4. If any clause, sentence, subsection, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not impair, invalidate or affect the remainder of this Act which shall remain in full force and effect, and the application of the provision in question to other persons not similarly situated or to other circumstances shall not be affected thereby. Section 5. This Act shall be effective on July 1, 1996. Approved May 30, 1996 CHAPTER 351 FORMERLY SENATE BILL NO. 195 AS AMENDED BY SENATE AMENDMENT NO. 2 AN ACT TO AMEND TITLE 18 OF THE DELAWARE INSURANCE CODE RELATING TO LONG-TERM CARE INSURANCE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF TI-IE STATE OF DELAWARE: Section 1. Amend Chapter 71, Title 18 of the Delaware Code by redesignating the existing §§7106, 7107, and 7108 as §§7107, 7108 and 7109, respectively, and by adding thereto a new section to read as follows: "7106. Nonforfeiture benefit requirement. No insurer may issue or deliver a long-term care insurance policy in this state unless the insurer offers to the applicant the option to purchase a policy that provides for nonforfeiture benefits. The Insurance Commissioner shall promulgate rules and regulations which specify the types of nonforfeiture benefits to be included in the policies and certificates, the standards for the benefits, and the date nonforfeiture benefits must commence." Section 2. This Act shall become effective six months afier its enactment into law. Approved June 5, 1996 Chapter 350 Vol. 70 Vol. 70 785 CHAPTER 352 FORMERLY HOUSE BILL NO. 399 AN ACT TO AMEND CHAPTER 21 OF TITLE 29 RELATING TO THE GOVERNOR'S AUTHORITY TO PROCLAIM SPECIAL DAYS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 29, Chapter 21 of the Delaware Code by adding a new section 2112, as follows: § 2112 Father's Day Proclamation. "The Governor may issue annually a proclamation calling upon state officials to display the United States flag on all state and school buildings, and the people of this state to display the flag at their homes, lodges, churches and places of business and other suitable places, on the third Sunday in June, known as Father's Day, as a public expression of love and reverence for the fathers of our state and as an inspiration for better homes and closer ties between fathers and the state." Approved June 5, 1996 CHAPTER 353 FORMERLY HOUSE BILL NO. 359 AS AMENDED BY HOUSE AMENDMENT NO. I AND SENATE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Subsection (40) of Section 101 of Title 4 of the Delaware Code by striking subsection (40) in its entirety and by substituting in lieu thereof the following: "(40) 'Spirits, wine, and beer tasting' means the consumption of spirits, wine, and beer for the purpose of sampling for prospective purchase only, The quantity of any individual spirit, wine, and beer sampled is not to exceed one (1) ounce for wine and beer and one-half (112) ounce for spirits. Spirits must be 80 proof or less and beer must be a new product line in the marketplace less than I year." Section 2. Amend Section 525 of Title 4 of the Delaware Code by striking Section 525 in its entirety and by substituting in lieu thereof the following: "Section 525. Spirits, Wine, and Beer Tasting. A license to permit spirits, wine, and beer tasting may be granted by the Commission to any person holding a license under this title as a retailer. Spirits, wine, and beer tasting may take place only in a separate portion of a licensee's premises where alcoholic beverages are not sold. The separate portion of the premises shall be an area designated for spirits, wine, and beer tasting by the Commission. No charge may be made for the spirits, wine, and beer tasting." Section 3. Amend §§5 I 2A(e) and 554(ee), Title 4, Delaware by deleting "wine tasting" as it appears in each and by inserting in lieu thereof in each "spirits, wine, and beer tasting", Approved June 5, 1996 786 vol. 70 CHAPTER 354 FORMERLY HOUSE BILL NO. 487 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO HABEAS CORPUS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 10 of the Delaware Code by striking § 6901 in its entirety and by inserting in lieu thereof a new section to read: "§ 6901. Jurisdiction To Grant Writs. The writ of habeas corpus shall be awarded and issued by the Superior Court except in cases involving child support enforcement in which case the writ shall be awarded and issued by the Family Court. The writ may also be awarded and issued by the Family Court in other cases which are otherwise within its jurisdiction. A petition for the issuance of a writ of habeas corpus may be reviewed and decided by the judge issuing the order incarcerating the petitioner in the first instance." Section 2. Amend § 6903 of Title 10 of the Delaware Code by deleting subsection (a) in its entirety and by inserting in lieu thereof a new subsection to read: "(a) A person committed by any judge of this State, a justice of the peace, or by the mayor or any Alderman of any city or town, for a contempt, except a contempt issued by the Family Court in a case involving a child support order, shall be entitled to the writ of habeas corpus in the Superior Court. A person committed by the Family Court in a case involving a child support order shall be entitled to the writ of habeas corpus in the Family Court of the State of Delaware." Approved June 5, 1996 CHAPTER 355 FORMERLY HOUSE BILL NO. 550 AS AMENDED BY HOUSE AMENDMENT NO. I AN ACT TO AMEND TITLE 6, DELAWARE CODE, RELATING TO NEW HOME CONSTRUCTION AND THE COMPLETION OF UNFINISHED WORK. BE IT ENACTED BY THE GENERAL ASSEMBLY OF TI-LE STATE OF DELAWARE: Section I. Amend Subtitle II, Title 6 of the Delaware Code, by inserting a new Chapter 36 to read: "CHAPTER 36. NEW HOME BUYERS PROTECTION ACT. § 3601. Definitions. As used in this subchapter: a) 'New Residential Real Property' means any estate or interest in real property improved by a new dwelling not previously occupied and constructed for use as a residence. 'Seller' means any individual, partnership, corporation, or trustee transferring new residential property or a new dwelling. 'Buyer' means any individual, partnership, corporation, or trustee purchasing any estate or interest in a new residential real property or new dwelling. 'New Dwelling' means a new multi-family, single family, or townhouse dwelling not previously occupied and constructed for use as a residence. 'Vendor' means any person, firm, partnership, corporation, or other entity that contracts to sell new dwellings or new residential real property. 'Unfinished Work' means a condition in a new residential real property or new dwelling which fails to comply with the work agreed upon by the vendor and/or seller in the specifications, contract terms, and applicable building codes. 'Final Settlement' means the time at which the parties have signed and delivered all papers and consideration to convey title to the estate or interest in a new residential real property or new dwelling. § 3602. New home construction - unfinished work and the escrow of monies. If any unfinished work is discovered prior to or at the time of the previously agreed upon final settlement date on new residential real property or a new dwelling, the vendor and/or seller shall be required to set aside from the proceeds of the sale, a sum of money equal to the contractual cost required to complete any such unfinished work. If the contract does not set forth the cost, the escrowed amount shall be the fair market value of completing said unfinished work. The escrow agreement shall specify the unfinished work at issue. Said monies shall be held in escrow for no longer than thirty (30) days following the completion of the unfinished work. No buyer may refuse to release monies escrowed pursuant to this section for unfinished work not specified pursuant to subsection (a) of this section. Vol. 70 787 788 If the unfinished work specified at the final settlement has not been remedied upon the expiration of ninety (90) days from the date of final settlement or a date agreed upon by the parties and set forth in the escrow agreement, the monies held in escrow pursuant to this section shall be released to the buyer. Notwithstanding the above, this section shall apply only when the estimated cost to complete said unfinished work equals one percent (1%) or more of the contract price or when the aggregate estimated costs of completing all unfinished work equals one percent (1%) or more of the contract price. This section shall not apply when a buyer unilaterally requests that settlement take place on a date prior to the previously agreed upon final settlement date. To the extent the seller/vendor and the buyer agree that the buyer may withhold, at the final settlement, monies otherwise subject to escrow under this section, such an arrangement shall be deemed in compliance with this section. §3603. Remedies and Penalties In any successful action brought by a buyer for failure to acknowledge unfinished work subject to the escrow provisions of § 3602 or failure to escrow the contractual cost or the fair market value required to complete the unfinished work subject to the escrow provisions of § 3602, the court may order the seller/vendor to pay the amount that should have been escrowed and the costs of litigation. To the extent a seller/vendor proves that a buyer's request to escrow under § 3602 was not valid, the buyer may be liable for the seller/vendor's costs of litigation. Failure to comply with a buyer's valid request to escrow under § 3602 of this chapter shall constitute an unlawful practice in violation of § 2513 of this title and willful violations of § 3602 shall be punishable in accordance with § 2513(c) and/or § 2581 of this title. The Attorney General shall have the same authority to enforce, remedy and carry out the provisions of this chapter as is provided by § 2517 of title 29, and §§ 2511-2527 and §§ 2531-2536 of Title 6. The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including but not limited to State and/or Federal criminal prosecutions and/or common law statutory actions brought by private parties." Section 2. This Act shall be effective sixty days after enactment into law. Approved June 7, 1996 Chapter 355 Vol. 70 CHAPTER 356 FORMERLY SENATE BILL NO. 350 AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE, RELATING TO MORTGAGE LOAN BROKERS AND LICENSED LENDERS BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §2108, Title 5, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new subsection 2108 to read as follows: 2108. Surety Bonds and Irrevocable Letters of Credit (a) Surety Bonds (1) Every licensee shall file with the Commissioner, in a form satisfactory to the Commissioner, an original corporate surety bond, with surety provided by a corporation authorized to transact business in this State, in the principal sum of $25,000. (2) No bond shall be accepted unless the following requirements are satisfied: the term of the bond shall be commensurate with the license period or continuous; the expiration date of the bond shall not be earlier than midnight of the date on which the license expires; and the bond shall run to the State, for the benefit of the Office of the State Bank Commissioner and for the benefit of all consumers injured by any wrongful act, omission, default, fraud or misrepresentation by a licensee in the course of its activity as a licensee. Compensation under the bond shall be for amounts which represent actual losses and shall not be payable for claims made by business creditors, third-party service providers, agents or persons otherwise in the employ of the licensee. Surety claims shall be paid to the Office of the State Bank Commissioner by the insurer not later than 90 days after receipt of a claim. Claims paid after 90 days shall be subject to daily interest at the legal rate. The aggregate liability of the surety on the bond, exclusive of any interest which accrues for payments made after 90 days, shall in no event exceed the amount of such bond. (3) If the licensee changes its surety company or the bond is otherwise amended, the licensee shall immediately provide the Commissioner with the amended original copy of the surety bond. No cancellation of an existing bond by a surety shall be effective unless written notice of its intention to cancel is filed with the Commissioner at least thirty (30) days before the date upon which cancellation shall take effect. (4) The Commissioner may require potential claimants to provide such documentation and affirmations as the Commissioner shall determine to be necessary and appropriate. In the event the Commissioner determines that multiple consumers have been injured by a licensee, the Commissioner shall cause a Vol. 70 789 790 notice to be published for the purpose of identifying all relevant claims. When a surety company receives a claim against the bond of a licensee, it shall immediately notify the Commissioner and shall not pay any claim unless and until it receives notice to do so from the Commissioner. The Commissioner shall have a period of two calendar years after the effective date of cancellation or termination of the surety bond by the insurer to submit claims to the insurer. (b) Irrevocable Letters of Credit In lieu of requiring the filing of a surety bond, the Commissioner may, at the Commissioner's discretion, accept from a licensee an irrevocable letter of credit. ( I ) Such irrevocable letters of credit shall be provided by an insured depository institution (as defined in the Federal Deposit Insurance Act at 12 U.S.C. §1813(c)) acceptable to the Commissioner, in a form satisfactory to the Commissioner in the principal sum of $25,000. (2) No irrevocable letter of credit shall be accepted unless the following requirements are satisfied: The irrevocable letter of credit shall run to the State, for the benefit of the Office of the State Bank Commissioner and for the benefit of all consumers injured by the wrongful act, omission, default, fraud or misrepresentation by a licensee in the course of its activity as a licensee. Compensation under the irrevocable letter of credit shall be for amounts which represent actual losses and shall not be payable for claims made by business creditors, third-party service providers, agents or persons otherwise in the employ of the licensee. The aggregate liability of the insured depository institution issuing the irrevocable letter of credit shall in no event exceed the amount of such irrevocable letter of credit; and Draws upon such irrevocable letters of credit shall be available by sight drafts thereunder, in amounts determined by the Commissioner, up to the aggregate amount of the irrevocable letter of credit. Such drafts shall be paid in accordance with §5-112(1) of Title 6 of the Delaware Code. (3) The Commissioner may require potential claimants to provide such documentation and affirmations as the Commissioner shall determine to be necessary and appropriate. In the event the Commissioner determines that multiple consumers have been injured by a licensee, the Commissioner shall cause a notice to be published for the purpose of identifying all relevant claims. (4) The Commissioner may refuse release of an irrevocable letter of credit, following the surrender of a license, up to two (2) years after the effective date of such termination of licensure." Section 2. Amend §2208, Title 5, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section 2208 to read as follows: Chapter 356 Vol. 70 Chapter 356 Vol. 70 "§2208 Letters (a) Surety Bonds (1) Every licensee shall file with the Commissioner, in a form satisfactory to the Commissioner, an original corporate surety bond, with surety provided by a corporation authorized to transact business in this State, in the principal sum to be determined by the Commissioner, except that the bond amount shall not be less than $50,000 or more than $200,000. In determining the amount of the bond required for a licensee, the Commissioner shall consider, among other things: the dollar value of the lender's Delaware business; the dollar value of advance fees collected by the lender; the periods for which such fees are held before a loan is funded; and such other and further criteria as the Commissioner may deem necessary and appropriate. (2) No bond shall be accepted unless the following requirements are satisfied: ( i) the aggregate value of the bond shall be equal to or greater than the amount determined in accordance with subsection (a)(1) of this section; the term of the bond shall be commensurate with the license period or continuous; the expiration date of the bond shall not be earlier than midnight of the date on which the license expires; and the bond shall run to the State, for the benefit of the Office of the State Dank Commissioner and for the benefit of all consumers injured by any wrongful act, omission, default, fraud or misrepresentation by a licensee in the course of its activity as a licensee. Compensation under the bond shall be for amounts which represent actual losses and shall not be payable for claims made by business creditors, third-party service providers, agents or persons otherwise in the employ of the licensee. Surety claims shall be paid to the Office of the State Bank Commissioner by the insurer not later than 90 days after receipt of a claim. Claims paid after 90 days shall be subject to daily interest at the legal rate. The aggregate liability of the surety on the bond, exclusive of any interest which accrues for payments made after 90 days, shall in no event exceed the amount of such bond. (3) If the licensee changes its surety company or the bond is otherwise amended, the licensee shall immediately provide the Commissioner with the amended original copy of the surety bond. No cancellation of an existing bond by a surety shall be effective unless written notice of its intention to cancel is filed with the Commissioner at least thirty (30) days before the date upon which cancellation shall take effect. 791 792 Chapter 356 Vol. 70 The Commissioner may require potential claimants to provide such documentation and affirmations as the Commissioner may determine to be necessary and appropriate. In the event the Commissioner determines that multiple consumers have been injured by a licensee, the Commissioner shall cause a notice to be published for the purpose of identifying all relevant claims. When a surety company receives a claim against the bond of a licensee, it shall immediately notify the Commissioner and shall not pay any claim unless and until it receives notice to do so from the Commissioner. The Commissioner shall have a period of two calendar years after the effective date of cancellation or termination of the surety bond by the insurer to submit claims to the insurer. (b) Irrevocable Letters of Credit In lieu of requiring the filing of a surety bond, the Commissioner may, at the Commissioner's discretion, accept from a licensee an irrevocable letter of credit. (I) Such irrevocable letters of credit shall be provided by an insured depository institution (as defined in the Federal Deposit Insurance Act at 12 U.S.C. §1813(c)) acceptable to the Commissioner, in a form satisfactory to the Commissioner in the principal sum to be determined by the Commissioner, except that the irrevocable letter of credit amount shall not be less than $50,000 or more than $200,000. In determining the amount of the irrevocable letter of credit required for a licensee, the Commissioner shall consider, among other things: the dollar value of the lender's Delaware business; the dollar value of advance fees collected by the lender; the periods for which such fees are held before a loan is funded; and such other and further criteria as the Commissioner may deem necessary and appropriate. (2) No irrevocable letter of credit shall be accepted unless the following requirements are satisfied: the aggregate value of the irrevocable letter of credit shall be equal to or greater than the amount determined by subsection (b)(1) of this section; The irrevocable letter of credit shall run to the State, for the benefit of the Office of the State Bank Commissioner and for the benefit of all consumers injured by the wrongful act, omission, default, fraud or misrepresentation by a licensee in the course of its activity as a licensee. Compensation under the irrevocable letter of credit shall be for amounts which represent actual losses and shall not be payable for claims made by business creditors, third-party service providers, agents or persons otherwise in the employ of the licensee. The aggregate liability of the insured depository institution issuing the irrevocable letter of credit shall in no event exceed the amount of such irrevocable letter of credit; and Chapter 356 Vol. 70 (iii) Draws upon such irrevocable letters of credit shall be available by sight drafts thereunder, in amounts determined by the Commissioner, up to the aggregate amount of the irrevocable letter of credit. Such drafts shall be honored in accordance with §5-112(1) of Title 6 of the Delaware Code. The Commissioner may require potential claimants to provide such documentation and affirmations as the Commissioner may determine to be necessary and appropriate. In the event the Commissioner determines that multiple consumers have been injured by a licensee, the Commissioner shall cause a notice to be published for the purpose of identifying all relevant claims. The Commissioner may refuse release of an irrevocable letter of credit, following the surrender of a license, up to two (2) years after the effective date of such termination of licensure." Section 3. This Act shall become effective for licensing periods beginning January 1, 1997. Any surety bonds or letters of credit provided in advance of January 1, 1997, for licensing periods beginning January 1, 1997, shall comply with the requirements contained herein. Approved June 7, 1996 CHAPTER 357 FORMERLY HOUSE BILL NO. 467 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 43, TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §4313(d), Title 21 of the Delaware Code by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: "No person shall be convicted under this section if that person possesses a statement signed by a licensed practitioner of medicine and surgery or osteopathic medicine, or optometry, verifying that tinted windows are medically necessary for the owner or usual operator of said vehicle." Approved June 10, 1996 793 794 Vol. 70 CHAPTER 358 FORMERLY SENATE BILL NO. 247 AS AMENDED BY SENATE AMENDMENT NOS. I & 2 AN ACT TO AMEND TITLE 29 DELAWARE CODE RELATING TO THE DELAWARE COMMISSION OF VETERANS AFFAIRS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 8721(b) of Title 29 Delaware Code by striking the words "With the concurrence of the Secretary of State". Section 2. Amend 8721(0 of Title 29 Delaware Code by striking the words "if requested" Approved June 10, 1996 CHAPTER 359 FORMERLY SENATE BILL NO. 234 AS AMENDED BY SENATE AMENDMENT NO. 2 AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE BY ADDING THERETO A NEW SECTION GRANTING A SELF-ANALYSIS PRIVILEGE TO DEPOSITORY INSTITUTIONS AND THEIR AFFILIATES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 9, Title 5 of the Delaware Code, by adding thereto a new Section which Section shall read in its entirety as follows: "§940. Self-Analysis Privilege for Depository Institutions and Affiliates. (a) Definitions. For purposes of this Section, the following words and phrases shall have the meanings ascribed to them herein: 'Depository Institution' means a state-chartered or federally-chartered financial institution that is located in this State and is authorized to maintain deposit or share accounts. 'Depository Institution Affiliate' means any corporation whose stock is at least eighty percent (80%) owned by a Depository Institution or the holding company of a Depository Institution. 'Compliance Review Committee' means a person or persons assigned by a Depository Institution or a Depository Institution Affiliate to test, review or evaluate its conduct, transactions or potential transactions for the purpose of monitoring and improving or enforcing compliance with (i) safe, sound and fair lending practices, (ii) financial reporting to federal or state regulatory agencies, (iii) the Depository Institution's or Depository Institution Affiliate's own policies and procedures, or (iv) federal or state statutory or regulatory requirements. 'Compliance Review Document' means any document prepared for or created by a Compliance Review Committee for its exclusive use. 'Person' means an individual, a group of individuals, a board committee, or a corporation, partnership, firm, association, trust, pool, syndicate, sole proprietorship, unincorporated association or any other form of entity not specifically listed herein. (b) Privilege. Notwithstanding any provisions of Delaware common or statutory law to the contrary, except as provided in subsection (c) of this section: Compliance Review Documents shall be confidential and shall not be discoverable or admissible into evidence in any civil action; Compliance Review Documents delivered to a federal, state or foreign governmental or regulatory agency shall remain confidential and shall not be discoverable or admissible in any civil action; and No person serving on a Compliance Review Committee or acting at the request of a Compliance Review Committee shall be required to testify in any civil action (i) as to the contents or conclusions of any Compliance Review Document or (ii) as to the actions taken by a Compliance Review Committee. (c) Limitations. vol. 70 795 796 This section shall not apply to any person serving on or at the request of a Compliance Review Committee in connection with such person's duties pursuant to the Depository Institution's or Depository Institution Affiliates' bylaws or operations manual, management responsibility for the operations, records, employees or activities being examined or evaluated by the Compliance Review Committee. This section shall not be construed to limit the discovery or admissibility in any civil action of any documents that are not Compliance Review Documents. This section shall not apply if, after an in camera review by the court consistent with applicable rules of procedure, the court determines that the compliance review was initiated or used to enable persons serving on the Compliance Review Committee, or the Depository Institution or the Depository Institution Affiliate which created such Committee, to commit or plan to commit what the Committee knew or reasonably should have know to be a crime." Approved June 10, 1996 Chapter 359 Vol. 70 Vol. 70 797 CHAPTER 360 FORMERLY HOUSE BILL NO. 528 AN ACT TO AMEND CHAPTER 18, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED LIABILITY COMPANIES AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY COMPANIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein): Section I. Amend § 18-206(a), Chapter 18, Title 6 of the Delaware Code by adding immediately following the words "any restated certificate" the words "any certificate of conversion to limited liability company, any certificate of transfer, any certificate of limited liability company domestication". Section 2. Amend § 18-206(a)(1), Chapter 18, Title 6 of the Delaware Code by adding immediately following the words "the restated certificate" the words ", the certificate of conversion to limited liability company, the certificate of transfer, the certificate of limited liability company domestication". Section 3. Amend § 18-206(b), Chapter 18, Title 6 of the Delaware Code by adding immediately following the first usage of the words "acts as a certificate of cancellation" in the second sentence of said subsection, the words "or a certificate of transfer" by adding immediately following the second usage of the words "acts as a certificate of cancellation" in the second sentence of said subsection, the words "or a certificate of transfer" and by adding the following sentences immediately following the second sentence of said subsection: "Upon the filing of a certificate of limited liability company domestication, or upon the future effective date or time of a certificate of limited liability company domestication, the entity filing the certificate of limited liability company domestication is domesticated as a limited liability company with the effect provided in § 18-212 of this chapter. Upon the filing of a certificate of conversion to limited liability company, or upon the future effective date or time of a certificate of conversion to limited liability company, the entity filing the certificate of conversion to limited liability company is converted to a limited liability company with the effect provided in § 18-214 of this chapter." Section 4. Amend § 18-206(c), Chapter 18, Title 6 of the Delaware Code by adding immediately following the words "a restated certificate" the words ", a certificate of conversion to limited liability company, a certificate of transfer, a certificate of limited liability company domestication". Section 5. Amend § 18-207, Chapter 18, Title 6 of the Delaware Code by adding immediately prior to the punctuation mark "." at the end of the only sentence of said section the words "and which are permitted to be set forth in a certificate of formation by § 18-215(b) of this chapter" Section 6. Amend Subchapter II, Chapter 18, Title 6 of the Delaware Code by adding thereto a new section to be designated as "§ 18-212" to read as follows: "§ 18-212. Domestication of non-United States entities. (a) As used in this section, "non-United States entity" means a foreign limited liability company (other than one formed under the laws of a state), or a corporation, a business trust or association, a real estate investment trust, a common-law trust, or any other unincorporated business, including a partnership (whether general (including a registered 798 Chapter 360 Vol. 70 limited liability partnership) or limited (including a registered limited liability limited partnership)), formed, incorporated, created or that otherwise came into being under the laws of any foreign county or other foreign jurisdiction (other than any state). (b) Any non-United States entity may become domesticated as a limited liability company in the State of Delaware by complying with subsection (g) of this section and filing in the Office of the Secretary of State in accordance with § 18-206 of this chapter: A certificate of limited liability company domestication that has been executed by 1 or more authorized persons in accordance with § 18-204 of this chapter; and A certificate of formation that complies with § 18-201 of thi:: chapter and has been executed by 1 or more authorized persons in accordance with § 18-204 of this chapter. (c) The certificate of limited liability company domestication shall state: The date on which and jurisdiction where the non-United States entity was first formed, incorporated, created or otherwise came into being; The name of the non-United States entity immediately prior to the filing of the certificate of limited liability company domestication; The name of the limited liability company as set forth in the certificate of formation filed in accordance with subsection (b) of this section; The future effective date or time (which shall be a date or time certain) of the domestication as a limited liability company if it is not to be effective upon the filing of the certificate of limited liability company domestication and the certificate of formation; and The jurisdiction that constituted the seat, siege social, or principal place of business or central administration of the non-United States entity, or any other equivalent thereto under applicable law, immediately prior to the filing of the certificate of limited liability company domestication. (d) Upon the filing in the Office of the Secretary of State of the certificate of limited liability company domestication and the certificate of formation or upon the future effective date or time of the certificate of limited liability company domestication and the certificate of formation, the non-United States entity shall be domesticated as a limited liability company in the State of Delaware and the limited liability company shall thereafter be subject to all of the provisions of this chapter, except that notwithstanding § 18-201 of this chapter, the existence of the limited liability company shall be deemed to have commenced on the date the non-United States entity commenced its existence in the jurisdiction in which the non-United States entity was tirst formed, incorporated, created or otherwise came into being. (c) The domestication of any non-United States entity as a limited liability company in the State of Delaware shall not be deemed to affect any obligations or liabilities of the non-United States entity incurred prior to its domestication as a limited liability company in the State of Delaware, or the personal liability of any person therefor. (0 The filing of a certificate of limited liability company domestication shall not affect the choice of law applicable to the non-United States entity, except that from the effective date or time of the domestication, the law of the State of Delaware, including the provisions of this chapter, shall apply to the non-United States entity to the same extent as if the non-United States entity had been formed as a limited liability company on that date. (g) Prior to filing a certificate of limited liability company domestication with the Office of the Secretary of State, a limited liability company agreement shall be approved in the manner provided for by the document, instrument, agreement or other writing, as the Chapter 360 Vol. 70 799 case may be, governing the internal affairs of the non-United States entity and the conduct of its business or by applicable non-Delaware law, as appropriate. (h) When any domestication shall have become effective under this section, for all purposes of the laws of the State of Delaware, all of the rights, privileges and powers of the non-United States entity that has been domesticated, and all property, real, personal and mixed, and all debts due to such non-United States entity, as well as all other things and causes of action belonging to such non-United States entity, shall be vested in the domestic limited liability company and shall thereafter be the property of the domestic limited liability company as they were of the non-United States entity immediately prior to its domestication, and the title to any real property vested by deed or otherwise in such non-United States entity shall not revert or be in any way impaired by reason of this chapter; but all rights of creditors and all liens upon any property of such non-United States entity shall be preserved unimpaired, and all debts, liabilities and duties of the non-United States entity that has been domesticated shall thenceforth attach to the domestic limited liability company, and may be enforced against it to the same extent as if said debts, liabilities and duties had been incurred or contracted by the domestic limited liability company." Section 7. Amend Subchapter 11, Chapter 18, Title 6 of the Delaware Code by adding thereto a new section to be designated as "§ 18-213" to read as follows: "§ 18-213. Transfer and continuance of domestic limited liability companies. Upon compliance with the provisions of this section, any limited liability company may transfer to any jurisdiction, other than any state, that permits the transfer to or domestication or continuance in such jurisdiction of a limited liability company. Notwithstanding anything to the contrary in this chapter or a limited liability company agreement, a transfer described in subsection (a) of this section shall be approved in writing by all of the managers and all of the members. If all of the managers and all of the members of the limited liability company shall approve the transfer described in subsection (a) of this section, a certificate of transfer, executed in accordance with § 18-204 of this chapter, shall be filed in the Office of the Secretary of State in accordance with § 18-206 of this chapter. The certificate of transfer shall state: The name of the limited liability company and, if it has been changed, the name under which it was originally filed; The date of the filing of its original certificate of formation with the Secretary of State; The jurisdiction to which the limited liability company will transfer; The future effective date or time (which shall be a date or time certain) of the transfer to the jurisdiction specified in subsection (b)(3) of this section if it is not to be effective upon the filing of the certificate of transfer; That the transfer of the limited liability company has been approved in accordance with the provisions of this section; The agreement of the limited liability company that it may be served with process in the State of Delaware in any action, suit or proceeding for enforcement of any obligation of the limited liability company arising while it was a limited liability company of the State of Delaware, and that it irrevocably appoints the Secretary of State as its agent to accept service of process in any such action, suit or proceeding; and The address to which a copy of the process referred to in subsection (b)(6) of this section shall be mailed to it by the Secretary of State. In the event of service hereunder upon the Secretary of State, the procedures set forth in § 18- 911(c) of this chapter shall be applicable, except that the plaintiff in any such action, suit or proceeding shall furnish the Secretary of State with the address specified in 800 Chapter 360 Vol. 70 this subsection and any other address that the plaintiff may elect to furnish, together with copies of such process as required by the Secretary of State, and the Secretary of State shall notify the limited liability company that has transferred out of the State of Delaware at all such addresses furnished by the plaintiff in accordance with the procedures set forth in § 18-911(c) of this chapter. Upon the filing in the Office of the Secretary of State of the certificate of transfer or upon the future effective date or time of the certificate of transfer and payment to the Secretary of State of all fees prescribed in this chapter, the Secretary of State shall certify that the limited liability company has filed all documents and paid all fees required by this chapter, and thereupon the limited liability company shall cease to exist as a limited liability company of the State of Delaware. Such certificate of the Secretary of State shall be prima facie evidence of the transfer by such limited liability company out of the State of Delaware. The transfer of a limited liability company out of the State of Delaware in accordance with this section shall not be deemed to affect any obligations or liabilities of the limited liability company incurred prior to such transfer or the personal liability of any person incurred prior to such transfer, nor shall it be deemed to affect the choice of law applicable to the limited liability company with respect to matters arising prior to such transfer." Section 8. Amend Subchapter II, Chapter 18, Title 6 of the Delaware Code by adding thereto a new section to be designated as "§ 18-214" to read as follows: "§ 18-214 Conversion of certain entities to a limited liability company. (a) As used in this section, the term "other entity" means a business trust or association, a real estate investment trust, a common-law trust, or any other unincorporated business, including a partnership (whether general (including a registered limited liability partnership) or limited (including a registered limited liability limited partnership)) or a foreign limited liability company. (b) Any other entity may convert to a domestic limited liability company by complying with subsection (h) of this section and filing in the Office of the Secretary of State in accordance with § 18-206 of this chapter: A certificate of conversion to limited liability company that has been executed by 1 or more authorized persons in accordance with § 18-204 of this chapter; and A certificate of formation that complies with § 18-201 of this chapter and has been executed by 1 or more authorized persons in accordance with § 18-204 of this chapter. (c) The certificate of conversion to limited liability company shall state: (I) The date on which and jurisdiction where the other entity was first created, formed, incorporated or otherwise came into being and, if it has changed, its jurisdiction immediately prior to its conversion to a domestic limited liability company; (2) The name of the other entity immediately prior to the filing of the certificate of conversion to limited liability company; The name of the limited liability company as set forth in its certificate of formation filed in accordance with subsection (b) of this section; and The future effective date or time (which shall be a date or time certain) of the conversion to a limited liability company if it is not to be effective upon the filing of the certificate of conversion to limited liability company and the certificate of formation. Chapter 360 Vol. 70 801 Upon the filing in the Office of the Secretary of State of the certificate of conversion to limited liability company and the certificate of formation or upon the future effective date or time of the certificate of conversion to limited liability company and the certificate of formation, the other entity shall be converted into a domestic limited liability company and the limited liability company shall thereafter be subject to all of the provisions of this chapter, except that notwithstanding § 18-201 of this chapter, the existence of the limited liability company shall be deemed to have commenced on the date the other entity commenced its existence in the jurisdiction in which the other entity was first created, formed, incorporated or otherwise came into being. The conversion of any other entity into a domestic limited liability company shall not be deemed to affect any obligations or liabilities of the other entity incurred prior to its conversion to a domestic limited liability company, or the personal liability of any person incurred prior to such conversion. (1) When any conversion shall have become effective under this section, for all purposes of the laws of the State of Delaware, all of the rights, privileges and powers of the other entity that has converted, and all property, real, personal and mixed, and all debts due to such other entity, as well as all other things and causes of action belonging to such other entity, shall be vested in the domestic limited liability company and shall thereafter be the property of the domestic limited liability company as they were of the other entity that has converted, and the title to any real property vested by deed or otherwise in such other entity shall not revert or be in any way impaired by reason of this chapter; but all rights of creditors and all liens upon any property of such other entity shall be preserved unimpaired, and all debts, liabilities and duties of the other entity that has converted shall thenceforth attach to the domestic limited liability company, and may be enforced against it to the same extent as if said debts, liabilities and duties had been incurred or contracted by it. Unless otherwise agreed, or as required under applicable non-Delaware law, the converting other entity shall not be required to wind up its affairs or pay its liabilities and distribute its assets, and the conversion shall not be deemed to constitute a dissolution of such other entity. Prior to filing a certificate of conversion to limited liability company with the Office of the Secretary of State, a limited liability company agreement shall be approved in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the other entity and the conduct of its business or by applicable law, as appropriate. The provisions of this section shall not be construed to limit the accomplishment of a change in the law governing, or the domicile of, an other entity to the State of Delaware by any other means provided for in a limited liability company agreement or other agreement or as otherwise permitted by law, including by the amendment of a limited liability company agreement or other agreement." Section 9. Amend Subchapter II, Chapter 18, Title 6 of the Delaware Code by adding thereto a new section to be designated as "§ 18-215" to read as follows: "§18-215 Series of members, managers or limited liability company interests. A limited liability company agreement may establish or provide for the establishment of designated series of members, managers or limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specified property or obligations, and, to the extent provided in the limited liability company agreement, any such series may have a separate business purpose or investment objective: Notwithstanding anything to the contrary set forth in this chapter or under other applicable law, in the event that a limited liability company agreement creates one or more series, and if separate and distinct records are maintained for any such series and the 802 Chapter 360 Vol. 70 assets associated with any such series are held and accounted for separately from the other assets of the limited liability company, or any other series thereof, and if the limited liability company ngreement so provides, and notice of the limitation on liabilities of a series as referenced in this subsection is set forth in the certificate of formation of the limited liability company, then the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets of such series only, and not against the assets of the limited liability company generally. The fact that a certificate of formation that contains the foregoing notice of the limitation on liabilities of a series is on file in the Office of the Secretary of State shall constitute notice of the limitation on liabilities of such series. Notwithstanding § 18-303(a) of this chapter, under a limited liability company agreement or under another agreement, a member or manager may agree to be obligated personally for any or all of the debts, obligations and liabilities of one or more series. A limited liability company agreement may provide for classes or groups of members or managers associated with a series having such relative rights, powers and duties as the limited liability company agreement may provide, and may make provision for the future creation in the manner provided in the limited liability company agreement of additional classes or groups of members or managers associated with the series having such relative rights, powers and duties as may from time to time be established, including rights, powers and duties senior to existing classes and groups of members or managers associated with the series. A limited liability company agreement may provide for the taking of an action, including the amendment of the limited liability company agreement, without the vote or approval of any member or manager or class or group of members or managers, including an action to create under the provisions of the limited liability company agreement a class or group of the series of limited liability company interests that was not previously outstanding. A limited liability company agreement may provide that any member or class or group of members associated with a series shall have no voting rights. A limited liability company agreement may grant to all or certain identified members or managers or a specified class or group of the members or managers associated with a series the right to vote separately or with all or any class or group of the members or managers associated with the series, on any matter. Voting by members or managers associated with a series may be on a per capita, number, financial interest, class, group or any other basis. Unless otherwise provided in a limited liability company agreement, the management of a series shall be vested in the members associated with such series in proportion to the then current percentage or other interest of members in the profits of the series owned by all of the members associated with such series, the decision of members owning more than 50 percent of the said percentage or other interest in the profits controlling; provided, however, that if a limited liability company agreement provides for the management of the series, in whole or in part, by a manager, the management of the series, to the extent so provided, shall be vested in the manager who shall be chosen in the manner provided in the limited liability company agreement. The manager of the series shall also hold the offices and have the responsibilities accorded to him as set forth in a limited liability company agreement. A series may have more than 1 manager. Subject to §18-602 of this chapter, a manager shall cease to be a manager with respect to a series as provided in a limited liability company agreement. Except as otherwise provided in a limited liability company agreement, any event under this chapter or in a limited liability company agreement that causes a manager to cease to be a manager with respect to a series shall not, in itself, cause such manager to cease to be a manager of the limited liability company or with respect to any other series thereof. Notwithstanding § 18-606 of this chapter, but subject to subsections (h) and (k) of this section, and unless otherwise provided in a limited liability company agreement, at the time a member associated with a series that has been established in accordance with subsection (b) of this section becomes entitled to receive a distribution with respect to such Chapter 360 Vol. 70 series, he has the status of, and is entitled to all remedies available to, a creditor of the series, with respect to the distribution. A limited liability company agreement may provide for the establishment of a record date with respect to allocations and distributions with respect to a series. (h) Notwithstanding § 18-607(a) of this chapter, a limited liability company may make a distribution with respect to a series that has been established in accordance with subsection (b) of this section; provided that a limited liability company shall not make a distribution with respect to a series that has been established in accordance with subsection (b) of this section to a member to the extent that at the time of the distribution, after giving effect to the distribution, all liabilities of such series, other than liabilities to members on account of their limited liability company interests with respect to such series and liabilities for which the recourse of creditors is limited to specified property of such series, exceed the fair value of the assets associated with such series, except that the fair value of property of the series that is subject to a liability for which the recourse of creditors is limited shall be included in the assets associated with such series only to the extent that the fair value of that property exceeds that liability. A member who receives a distribution in violation of this subsection, and who knew at the time of the distribution that the distribution violated this subsection, shall be liable to a series for the amount of the distribution. A member who receives a distribution in violation of this subsection, and who did not know at the time of the distribution that the distribution violated this subsection, shall not be liable for the amount of the distribution. Subject to § 18-607(c) of this chapter, which shall apply to any distribution made with respect to a series under this subsection, this subsection shall not affect any obligation or liability of a member under an agreement or other applicable law for the amount of a distribution. (i) Unless otherwise provided in the limited liability company agreement, a member shall cease to be associated with a series and to have the power to exercise any rights or powers of a member with respect to such series upon the assignment of all of his limited liability company interest with respect to such series. Except as otherwise provided in a limited liability company agreement, any event under this chapter or a limited liability company agreement that causes a member to cease to be associated with a series shall not, in itself, cause such member to cease to be associated with any other series or terminate the continued membership of a member in the limited liability company. (j) Subject to § 18-801 of this chapter, except to the extent otherwise provided in the limited liability company agreement, a series may be terminated and its affairs wound up without causing the dissolution of the limited liability company. The termination of a series established in accordance with subsection (b) of this section shall not affect the limitation on liabilities of such series provided by subsection (b) of this section. A series is terminated and its affairs shall be wound up upon the dissolution of the limited liability company under § 18-801 of this chapter or otherwise upon the first to occur of the following: At the time specified in the limited liability company agreement; Upon the happening of events specified in the limited liability company agreement; Unless otherwise provided in the limited liability company agreement, upon the written consent of all members associated with such series; or The termination of such series under subsection (1) of this section. (k) Notwithstanding § 18-803(a) of this chapter, unless otherwise provided in the limited liability company agreement, a manager associated with a series who has not wrongfully terminated the series or, if none, the members associated with the series or a person approved by the members associated with the series or, if there is more than one class or group of members associated with the series, then by each class or group of members associated with the series, in either case, by members who own more than 50 percent of the then current percentage or other interest in the profits of the series owned by all of the 803 804 Chapter 360 Vol. 70 members associated with the series or by the members in each class or group associated with the series, as appropriate, may wind up the affairs of the series; but, if the series has been established in accordance with subsection (b) of this section, the Court of Chancery, upon cause shown, may wind up the affairs of the series upon application of any member associated with the series, his legal representative or assignee, and in connection therewith, may appoint a liquidating trustee. The persons winding up the affairs of a series may, in the name of the limited liability company and for and on behalf of the limited liability company and such series, take all actions with respect to the series as are permitted under §18-803(b) of this chapter. The persons winding up the affairs of a series shall provide for the claims and obligations of the series as provided in § 18-804(b) of this chapter and distribute the assets of the series as provided in § 18-804(a) of this chapter. Actions taken in accordance with this subsection shall not affect the liability of members and shall not impose liability on a liquidating trustee. (1) On application by or for a member or manager associated with a series established in accordance with subsection (b) of this section, the Court of Chancery may decree dissolution of such series whenever it is not reasonably practicable to carry on the business of the series in conformity with a limited liability company agreement. (m) If a foreign limited liability company that is registering to do business in the State of Delaware in accordance with § 18-902 of this chapter is governed by a limited liability company agreement that establishes or provides for the establishment of designated series of members, managers or limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the foreign limited liability company or profits and losses associated with specified property or obligations, that fact shall be so stated on the application for registration as a foreign limited liability company. In addition, the foreign limited liability company shall state on such application whether the debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular series, if any, shall be enforceable against the assets of such series only, and not against the assets of the foreign limited liability company generally." Section 10. Amend Subchapter II, Chapter 18, Title 6 of the Delaware Code by adding thereto a new section to be designated as "§ 18-216" to read as follows: "§ 18-216. Approval of conversion of a limited liability company. A domestic limited liability company may convert to a business trust or association, a real estate investment trust, a common-law trust, a general partnership (including a registered limited liability partnership) or a limited partnership (including a registered limited liability limited partnership), organized, formed or created under the laws of the State of Delaware, upon the authorization of such conversion in accordance with this section. If the limited liability company agreement specifies the manner of authorizing a conversion of the limited liability company, the conversion shall be authorized as specified in the limited liability company agreement. If the limited liability company agreement does not specify the manner of authorizing a conversion of the limited liability company and does not prohibit a conversion of the limited liability company, the conversion shall be authorized in the same manner as is specified in the limited liability company agreement for authorizing a merger or consolidation that involves the limited liability company as a constituent party to the merger or consolidation. If the limited liability company agreement does not specify the manner of authorizing a conversion of the limited liability company or a merger or consolidation that involves the limited liability company as a constituent party and does not prohibit a conversion of the limited liability company, the conversion shall be authorized by the approval by the members or, if there is more than one class or group of members, then by each class or group of members, in either case, by members who own more than 50 percent of the then current percentage or other interest in the profits of the domestic limited liability company owned by all of the members or by the members in each class or group, as appropriate." Section 11. Amend § 18-302(a), Chapter 18, Title 6 of the Delaware Code by adding the following sentence at the end of said subsection: Chapter 360 Vol. 70 "A limited liability company agreement may provide that any member or class or group of members shall have no voting rights." Section 12. Amend § 18-305(0, Chapter 18, Title 6 of the Delaware Code by adding the following sentences immediately following the only sentence of said subsection: "If the limited liability company refuses to permit a member to obtain or a manager to examine the information described in subsection (a)(3) of this section or does not reply to the demand that has been made within 5 business days atier the demand has been made, the demanding member or manager may apply to the Court of Chancery for an order to compel such disclosure. The Court of Chancery is hereby vested with exclusive jurisdiction to determine whether or not the person seeking such information is entitled to the information sought. The Court of Chancery may summarily order the limited liability company to permit the demanding member to obtain or manager to examine the information described in subsection (a)(3) of this section and to make copies or abstracts therefrom; or the Court of Chancery may summarily order the limited liability company to furnish to the demanding member or manager the information described in subsection (a)(3) of this section on the condition that the demanding member or manager first pay to the limited liability company the reasonable cost of obtaining and furnishing such information and on such other conditions as the Court of Chancery deems appropriate. When a demanding member seeks to obtain or a manager seeks to examine the information described in subsection (a)(3) of this section, the demanding member or manager shall first establish (1) that the demanding member or manager has complied with the provisions of this section respecting the form and manner of making demand for obtaining or examining of such information, and (2) that the information the demanding member or manager seeks is reasonably related to the member's interest as a member or the manager's position as a manager, as the case may be. The Court of Chancery may, in its discretion, prescribe any limitations or conditions with reference to the obtaining or examining of information, or award such other or further relief as the Court of Chancery may deem just and proper. The Court of Chancery may order books, documents and records, pertinent extracts therefrom, or duly authenticated copies thereof, to be brought within the State of Delaware and kept in the State of Delaware upon such terms and conditions as the order may prescribe." Section 13. Amend § 18-603, Chapter 18, Title 6 of the Delaware Code by inserting the word "only" immediately following the first usage of the words "from a limited liability company" in the first sentence thereof, by deleting the second and third sentences thereof in their entirety, and adding the following sentences at the end of § 18-603 to read as follows: "Notwithstanding anything to the contrary under applicable law, unless a limited liability company agreement provides otherwise, a member may not resign from a limited liability company prior to the dissolution and winding up of the limited liability company. Notwithstanding anything to the contrary under applicable law, a limited liability company agreement may provide that a limited liability company interest may not be assigned prior to the dissolution and winding up of the limited liability company. Unless otherwise provided in a limited liability company agreement, a limited liability company whose original certificate of formation was filed with the Secretary of State and effective on or prior to July 31, 1996, shall continue to be governed by 6 Del. C, § 18-603 as in effect on July 31, 1996, and shall not be governed by this section." Section 14. Amend § 18-702(b), Chapter 18, Title 6 of the Delaware Code by redesignating paragraph "( I)" as paragraph "(2)", by redesignating paragraph "(2)" as paragraph "(3)", and by adding a new paragraph designated as paragraph "(1)" in its appropriate numerical order to read as follows: "(I ) An assignment of a limited liability company interest does not entitle the assignee to become or to exercise any rights or powers of a member" Section 15. Amend §18-801, Chapter 18, Title 6 of the Delaware Code by deleting subsection (4) thereof in its entirety and by substituting in lieu thereof the following: 805 806 Chapter 360 Vol. 70 "(4) The death, retirement, resignation, expulsion, bankruptcy or dissolution of any member or only the member, members or class or classes or group or groups of members specified in the limited liability company agreement, or the occurrence of any other event that terminates the continued membership of any member, or only such member, members or class or classes or group or groups of members specified in the limited liability company agreement, unless the business of the limited liability company is continued (i) within 90 days following the occurrence of any such event either (A) by the vote or written consent of the percentage in interest of the members or class or classes or group or groups of members stated in the limited liability company agreement, or (B) if no such percentage is specified in the limited liability company agreement, by the vote or written consent of not less than a majority in interest of the remaining members, or (ii) pursuant to a right to continue stated in the limited liability company agreement; or" Section 16. Amend § I8-1 105(a)(3), Chapter 18, Title 6 of the Delaware Code by adding immediately after the words "Upon the receipt for filing of' the words "a certificate of limited liability company domestication under § 18-212 of this chapter, a certificate of transfer under § 18-213 of this chapter, a certificate of conversion to limited liability company under § 18- 214 of this chapter", Section 17. This Act shall become effective August I, 1996. Approved June 10, 1996 CHAPTER 361 FORMERLY HOUSE BILL NO. 529 AN ACT TO AMEND CHAPTER 15, TITLE 6 OF THE DELAWARE CODE RELATING TO THE REGISTRATION AND REGULATION OF FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIPS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein): Section 1 Amend § 1502, Chapter 15, Title 6 of the Delaware Code by adding the following new subsection "(4)", and by redesignating the subsequent subsections accordingly: "(4) 'Foreign registered limited liability partnership means a registered limited liability partnership or a limited liability partnership formed pursuant to an agreement governed by the laws of a jurisdiction other than this state and registered as such under the laws of such other jurisdiction." Section 2 Amend § 1547, Chapter 15, Title 6 of the Delaware Code by adding the following new subsections "(c)" and "(d)": "(c) Subject to any statutes for the regulation and control of specific types of businesses, foreign registered limited liability partnerships may transact business in this state and are not required to register with the Secretary of State under this Chapter. (d) The internal affairs of foreign registered limited liability partnerships and the liability of partners for debts, obligations and liabilities of or chargeable to the foreign registered limited liability partnership or another partner or partners, shalt be subject to and governed by the laws of the jurisdiction pursuant to the laws of which the foreign registered limited liability partnership is governed." Section 3 This Act shall become effective on the date of enactment. Approved June 10, 1996 IMMA, Vol. 70 807 CHAPTER 362 FORMERLY HOUSE BILL NO. 530 AN ACT TO AMEND CHAPTER 17, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED PARTNERSHIPS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein): Section I. Amend § 17-203, Chapter 17, Title 6 of the Delaware Code by adding immediately prior to the punctuation mark "." at the end of the first sentence thereof, the words ", or upon the filing of a certificate of transfer. Section 2. Amend § 17-204(a)(1), Chapter 17, Title 6 of the Delaware Code by adding immediately following the word "partnership" the words ", a certificate of limited partnership domestication, a certificate of conversion to limited partnership and a certificate of transfer. Section 3. Amend § 17-206(a), Chapter 17, Title 6 of the Delaware Code by adding immediately following the words "any restated certificate" the words ", any certificate of conversion to limited partnership, any certificate of transfer, any certificate of limited partnership domestication". Section 4. Amend § 17-206(a)(1), Chapter 17, Title 6 of the Delaware Code by adding immediately following the words "restated certificate" the words ", the certificate of conversion to limited partnership, the certificate of transfer, the certificate of limited partnership domestication". Section 5. Amend § 17-206(b), Chapter 17, Title 6 of the Delaware Code by adding, immediately following the first usage of the words "acts as a certificate of cancellation" in the second sentence of said subsection, the words "or a certificate of transfer" by adding immediately following the second usage of the words "acts as a certificate of cancellation" in the second sentence of said subsection, the words "or a certificate of transfer" and by adding the following sentences immediately following the second sentence of said subsection: lpon the tiling of a certificate of limited partnership domestication, or upon the future effective date or time of a certificate of limited partnership domestication, the entity filing the certificate of limited partnership domestication is domesticated as a limited partnership with the effect provided in § 17-215 of this title. Upon the filing of a certificate of conversion to limited partnership, or upon the future effective date or time of a certificate of conversion to limited partnership, the entity filing the certificate of conversion to limited partnership is converted to a limited partnership with the effect provided in § 17-217 of this title." Section 6. Amend § 17-206(c). Chapter 17, Title 6 of the Delaware Code by adding immediately following the words "a restated certificate" the words ", a certificate of conversion to limited partnership, a certificate of translCr, a certificate of limited partnership domestication". Section 7. Amend § 17-207(a), Chapter 17. Title 6 of the Delaware Code by adding immediately following the word "cancellation" the words "or certificate of conversion to limited partnership, certificate of transfer or certificate of limited partnership domestication". Section 8. Amend § 17-208, Chapter 17, Title 6 of the Delaware Code by adding immediately prior to the punctuation mark "." at the end of the only sentence of said section the words "and which are permitted to be set forth in a certificate of limited partnership by § 17- 218(b) of this title" Section 9. Amend § 17-211(c)(7), Chapter 17, Title 6 of the Delaware Code by adding thereto immediately following the word "corporation" the words ", or limited liability company", and by adding immediately following the words "under the laws of the State of Delaware" the words "or a business trust organized under 12 Del, C , Ch. 38". Section 10. Amend Subchapter II, Chapter 17, Title 6 of the Delaware Code by adding thereto a new section to be designated as "§ 17-215" to read as follows: "§ 17-215. Domestication of non-United States entities. (a) As used in this section, "non-United States entity" means a foreign limited partnership (other than one formed under the laws of a state) (including a foreign registered limited liability limited partnership (other than one formed under the laws of a state)), or a corporation, a business trust or association, a real estate investment trust, a common-law trust, or any other unincorporated business, including a general partnership (including a registered limited liability partnership) or a limited liability company, formed, incorporated, created or that otherwise came into being under the laws of any foreign country or other foreign jurisdiction (other than any state). (b) Any non-United States entity may become domesticated as a limited partnership in the State of Delaware by complying with subsection (g) of this section and filing in the Office of the Secretary of State in accordance with § 17-206 of this title: A certificate of limited partnership domestication that has been executed in accordance with § 17-204 of this title; and A certificate of limited partnership that complies with § 17-201 of this title and has been executed in accordance with § I 7-204 of this title, (c) The certificate of limited partnership domestication shall state: The date on which and jurisdiction where the non-United States entity was first formed, incorporated, created or otherwise came into being; The name of the non-United States entity immediately prior to the filing of the certificate of limited partnership domestication; The name of the limited partnership as set forth in the certificate of limited partnership filed in accordance with subsection (b) of this section; The future effective date or time (which shall be a date or time certain) of the domestication as a limited partnership if it is not to be effective upon the filing of the certificate of limited partnership domestication and the certificate of limited partnership; and The jurisdiction that constituted the seat, siege social, or principal place of business or central administration of the non-United States entity, or any other equivalent thereto under applicable law, immediately prior to the filing of the certificate of limited partnership domestication. (d) Upon the filing in the Office of the Secretary of State of the certificate of limited partnership domestication and the certificate of limited partnership or upon the future effective date or time of the certificate of limited partnership domestication and the certificate of limited partnership, the non-United States entity shall be domesticated as a limited partnership in the State of Delaware and the limited partnership shall thereafter be subject to all of the provisions of this chapter, except that notwithstanding § 17-201 of this title, the existence of the limited partnership shall be deemed to have commenced on the date the non-United States entity commenced its existence in the jurisdiction in which the non- United States entity was first formed, incorporated, created or otherwise came into being. 808 Chapter 362 Vol. 70 Chapter 362 Vol. 70 The domestication of any non-United States entity as a limited partnership in the State of Delaware shall not be deemed to affect any obligations or liabilities of the non-United States entity incurred prior to its domestication as a limited partnership in the State of Delaware, or the personal liability of any person therefor. The filing of a certificate of limited partnership domestication shall not affect the choice of law applicable to the non-United States entity, except that from the effective date or time of the domestication, the law of the State of Delaware, including the provisions of this chapter, shall apply to the non-United States entity to the same extent as if the non-United States entity had been formed as a limited partnership on that date. Prior to filing a certificate of limited partnership domestication with the Office of the Secretary of State, a partnership agreement shall be approved in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the non-United States entity and the conduct of its business or by applicable non-Delaware law, as appropriate; provided that, in any event, such approval shall include the approval of any person who, at the effective date or time of the domestication, shall be a general partner of the limited partnership, When any domestication shall have become effective under this section, for all purposes of the laws of the State of Delaware, all of the rights, privileges and powers of the non-United States entity that has been domesticated, and all property, real, personal and mixed, and all debts due to such non-United States entity, as well as all other things and causes of action belonging to such non-United States entity, shall be vested in the domestic limited partnership and shall thereafter be the property of the domestic limited partnership as they were of the non-United States entity immediately prior to its domestication, and the title to any real property vested by deed or otherwise in such non-United States entity shall not revert or be in any way impaired by reason of this chapter; but all rights of creditors and all liens upon any property of such non-United States entity shall be preserved unimpaired, and all debts, liabilities and duties of the non-United States entity that has been domesticated shall thenceforth attach to the domestic limited partnership, and may be enforced against it to the same extent as if said debts, liabilities and duties had been incurred or contracted by the domestic limited partnership." Section II. Amend Subchapter II, Chapter 17, Title 6 of the Delaware Code by adding thereto a new section to be designated as "§ 17-216" to read as follows: "§ 17-216. Transfer and continuance of domestic limited partnerships. Upon compliance with the provisions of this section, any limited partnership may transfer to any jurisdiction, other than any state, that permits the transfer to or domestication or continuance in such jurisdiction of a limited partnership. Notwithstanding anything to the contrary in this chapter or a partnership agreement, the transfer described in subsection (a) of this section shall be approved in writing by all of the partners. If all of the partners of the limited partnership shall approve the transfer described in subsection (a) of this section, a certificate of transfer, executed in accordance with § 17-204 of this title, shall be filed in the Office of the Secretary of State in accordance with 17-206 of this title. The certificate of transfer shall state: The name of the limited partnership and, if it has been changed, the name under which it was originally filed; the date of the filing of its original certificate of limited partnership with the Secretary of State; The jurisdiction to which the limited partnership will transfer: The future effective date or time (which shall be a date or time certain) of the transfer to the jurisdiction specified in subsection (b)(3) of this section if it is not to be effective upon the filing of the certificate of transfer; 809 810 Chapter 362 Vol. 70 That the transfer of the limited partnership has been approved in accordance with the provisions of this section; The agreement of the limited partnership that it may be served with process in the State of Delaware in any action, suit or proceeding for enforcement of any obligation of the limited partnership arising while it was a limited partnership of the State of Delaware, and that it irrevocably appoints the Secretary of State as its agent to accept service of process in any such action, suit or proceeding; and The address to which a copy of the process referred to in subsection (b)(6) of this section shall be mailed to it by the Secretary of State. In the event of service hereunder upon the Secretary of State, the procedures set forth in § 17- 911(c) of this title shall be applicable, except that the plaintiff in any such action, suit or proceeding shall furnish the Secretary of State with the address specified in this subsection and any other address that the plaintiff may elect to furnish, together with copies of such process as required by the Secretary of State, and the Secretary of State shall notify the limited partnership that has transferred out of the State of Delaware at all such addresses furnished by the plaintiff in accordance with the procedures set forth in § 17-91I(c) of this title. Upon the filing in the Office of the Secretary of State of the certificate of transfer or upon the future effective date or time of the certificate of transfer and payment to the Secretary of State of all fees prescribed in this chapter, the Secretary of State shall certify that the limited partnership has filed all documents and paid all fees required by this chapter, and thereupon the limited partnership shall cease to exist as a limited partnership of the State of Delaware. Such certificate of the Secretary of State shall be prima facie evidence of the transfer by such limited partnership out of the State of Delaware. The transfer of a limited partnership out of the State of Delaware |
| Date Digital | 2010 |
| CONTENTdm file name | 3104.cpd |
Description
| Title | Laws of the State of Delaware - Volume 70 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY- EIGHT GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A. D. 1995 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 9, A. D. 1996 VOLUME LXX Part II |
| CONTENTdm file name | 83061.pdfpage |
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