Delaware General Assembly


CHAPTER 150

AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO CORPORATIONS BY REVISING THE SCHEDULE OF FEES AND FRANCHISE TAXES PAID TO THE SECRETARY OF STATE.

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. Subsection (a) of Section 391 of Title 8, Delaware Code, is amended by deleting the words, "for the use of the State, upon the receipt for filing of any certificate or other paper relating to corporations in the office of the Secretary of State—", and substituting therefore the words, "for the use of the State—".

Section 2. Subsection (a) of Section 391 of Title 8, Delaware Code, is amended by deleting the words,"; a fee of $5 in each case for filing and/or indexing the certificate; a fee of $5 for certifying to and/or copying the certificate", as they appear in paragraph (5) thereof.

Section 3. Subsection (a) of Section 391 of Title 8, Delaware Code, is amended by deleting the words,"; a fee of $2 for filing and/or indexing the certificate or other paper; a fee of $5 for certifying to and/or copying the certificate or other paper", as they appear in paragraph (6) thereof.

Section 4. Subsection (a) of Section 391 of Title 8, Delaware Code, is amended by deleting paragraph (7) thereof and substituting in lieu thereof the following:

(7) For receiving and filing and/or indexing any certificate, affidavit, agreement, or any other paper provided for by this chapter, for which no different fee is specifically prescribed, a fee of $25 in each case shall be paid.

Section 5. Subsection (a) of Section 391 of Title 8, Delaware Code, is amended by substituting the figure 130" for the figure "$25" in paragraph (8) thereof.

Section 6. Subsection (a) of Section 391 of Title 8, Delaware Code, is amended by deleting paragraphs (10) and (11) and substituting in lieu thereof the following:

(10) For certifying copies of any paper on file provided for by this chapter, a fee of $7.50 shall be paid for each copy certified. In addition, a fee of $1 per page shall be paid in each instance where the Secretary of State provides the copies of the document to be certified.

(11) For issuing any certificate of the Secretary of State, other than a certification of a copy under paragraph (10) hereof, a fee of $10 shall be paid for each certificate.

Section 7. Subsection (a) of Section 391 of Title 8, Delaware Code, is amended by deleting paragraph (15) and substituting in lieu thereof the following:

(15) For preparing and providing a written report of a record search, a fee of $5 shall be paid.

(16) For preclearance of any document for filing, a fee of $25 shall be paid.

(17) For receiving and filing and/or indexing an annual report of a corporation provided for by section 502 of this title, a fee of $10 shall be paid.

(18) Except as provided in this section, the fees of the Secretary of State shall be as provided for in section 2316 of Title 29.

Section 8. Section 391 of Title 8, Delaware Code, is amended by deleting Subsection (c) and substituting in lieu thereof the following:

(c) The Secretary of State may issue photocopies of instruments on file as well as other copies, and for all such copies which are not certified by him, a fee of $1 per page shall be paid therefor.

Section 9. Subsection (c) of Section 371 of Title 8, Delaware Code, is amended by deleting therefrom the words, "of the usual fees for making certified copies", and by substituting in lieu thereof the words, "of the fee prescribed for his certificates".

Section 10. Subsection (a) of Section 503 of Title 8, Delaware Code, is amended as follows by substituting the figure "$20" for the figure "$10"; by substituting the words "Twenty Dollars" for the words "Ten Dollars"; by substituting the figure 124.20" for the figure "$22" in each instance where the latter figure appears in said subsection; by substituting the figure "$30.25" for the figure 127.50" in each instance where the latter figure appears in said subsection; by substituting the figure "$60.50" for the figure "$55" in each instance where the latter figure appears in said subsection; and by substituting the figure "$121" for the figure 1110" in each instance where the latter figure appears in said subsection.

Section 11. Subsection (c) of Section 503 of Title 8, Delaware Code, is amended by substituting the figure "$110,000" for the figure 1100,000" and by substituting the figure 120" for the figure "$10".

Section 12. Subsection (h) of Section 503 of Title 8, Delaware Code, is amended by substituting the figure "$181.50" for the figure 1165" and by substituting the figure 155,000" for the figure 150,000".

Section 13. This Act shall become effective on July 15, 1969.

Section 14. The provisions of this Act with respect to fees shall apply to all fees which accrue on and after July 15, 1969. The provisions of this Act with respect to franchise taxes shall apply to all such taxes which are determined and assessed by the Secretary of State on and after July 15, 1969, and shall not affect franchise taxes for any year prior to January 1, 1969.

Approved June 23, 1969.