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144th General Assembly
House Bill # 429

Primary Sponsor: Valihura Additional Sponsor(s):    Rep. M Marshall & Sen. DeLuca
CoSponsors: Reps. Hudson, Lavelle, Stone, Wagner, Johnson, Mitchell; Sens. Adams, Cook, McDowell, Amick, Simpson
Introduced on : 05/29/2008
Long Title:AN ACT TO AMEND 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.
Synopsis:This bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act.
Section 1. This section amends § 18-101(12) of the Act to confirm the intended broad scope of the term “trust” as used in the definition of “Person”.
Sections 2 and 3. These sections amend §§ 18-110 and 18-111 of the Act to provide that the term “manager” as used in those sections is defined consistently with the manner in which the term “manager” is defined in § 18-109(a) of the Act (Service of process on managers and liquidating trustees).
Section 4. This section amends § 18-204(a) of the Act to clarify that a certificate of conversion to limited liability company or certificate of limited liability company domestication may be executed either by an authorized person of the limited liability company or by any person authorized to execute such certificate on behalf of the other entity or non-United States entity, respectively.
Section 5. This section amends § 18-204(c) of the Act to make changes conforming to the amendment to § 18-204(a) of the Act.
Section 6. This section amends § 18-212(a) of the Act to make changes conforming to the amendment to § 18-204 of the Act.
Section 7. This section amends § 18-212(b)(1) of the Act to make changes conforming to the amendment to § 18-204 of the Act.
Section 8. This section amends § 18-214(a) of the Act to make changes conforming to the amendment to § 18-204 of the Act.
Section 9. This section amends § 18-214(b)(1) of the Act to make changes conforming to the amendment to § 18-204 of the Act.
Section 10. This section provides that the proposed amendments of the Act shall become effective August 1, 2008.

Current Status: Signed   On   07/17/2008
Volume Chapter76:387
Fiscal Note:
Not Required
Date Governor acted:07/17/2008
Full text of Legislation:
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Full text of Legislation:
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Committee Reports:
House Committee Report 06/03/08 F=1 M=6 U=0---->Committee Report
Voting Reports:
House vote: () Passed 6/12/08 5:07:32 PM------->Voting Record
Senate vote: () Passed 7/1/08 3:21:43 AM------->Voting Record
Actions History:
Jul 17, 2008 - Signed by Governor
Jul 01, 2008 - Passed by Senate. Votes: Passed 15 YES 0 NO 0 NOT VOTING 6 ABSENT 0 VACANT
Jul 01, 2008 - Necessary rules are suspended in Senate
Jun 17, 2008 - Assigned to Judiciary Committee in Senate
Jun 12, 2008 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 03, 2008 - Reported Out of Committee (JUDICIARY) in House with 1 Favorable, 6 On Its Merits
May 29, 2008 - Introduced and Assigned to Judiciary Committee in House
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