Legislation Document

AMEND Senate Bill No. 110 by deleting lines 14 through 22 in their entirety and inserting in lieu thereof the following:

“§ 18-206. Filing.

(e) (1) The Except as provided under paragraph (e)(5) of this section, the Secretary of State, acting as agent, shall collect and deposit in a separate account established exclusively for that purpose, a courthouse municipality fee with respect to each filed instrument and shall thereafter monthly remit funds from such account account, in equal amounts as required under paragraph (e)(4) of this section, to the treasuries of the municipalities designated in § 301 of Title 10.

(2) Said fees The courthouse municipality fee shall be for the purposes of defraying certain costs incurred by such municipalities designated in § 301 of Title 10 in hosting the primary locations for the Delaware Courts.

(3) The fee to such municipalities designated in § 301 of Title 10 shall be $ 20 $40 for each instrument filed with the Secretary of State in accordance with this section.

(4) The municipality to receive the fee shall be the municipality designated in § 301 of Title 10 in the county in which the limited liability company's registered office in this State is, or is to be, located, except that a fee shall not be charged for a document filed in accordance with subchapter IX of this chapter. The fees collected under this subsection must be divided equally among the municipalities designated in § 301 of Title 10.

(5) The Secretary of State may not charge a fee under this subsection for a document filed under subchapter IX of this chapter. ”.

FURTHER AMEND Senate Bill No. 110 by deleting lines 25 through 34 in their entirety and inserting in lieu thereof the following:

“§ 103. Execution, acknowledgment, filing, recording and effective date of original certificate of incorporation and other instruments; exceptions.

(c) Whenever any instrument is to be filed with the Secretary of State or in accordance with this section or chapter, such requirement means that:

(7) a. The Except as provided under paragraph (c)(7)e. of this section, the Secretary of State, acting as agent, shall collect and deposit in a separate account established exclusively for that purpose a courthouse municipality fee with respect to each filed instrument and shall thereafter monthly remit funds from such account account, in equal amounts as required under paragraph (c)(7)d. of this section, to the treasuries of the municipalities designated in § 301 of Title 10.

b. Said fees The courthouse municipality fee shall be for the purposes of defraying certain costs incurred by such municipalities designated in § 301 of Title 10 in hosting the primary locations for the Delaware courts.

c. The fee to such municipalities designated in § 301 of Title 10 shall be $20 $40 for each instrument filed with the Secretary of State in accordance with this section.

d. The municipality to receive the fee shall be the municipality designated in § 301 of Title 10 in the county in which the corporation’s registered office in this State is, or is to be, located, except that a fee shall not be charged for a certificate of dissolution qualifying for treatment under § 391(a)(5)b. of this title, a resignation of agent without appointment of a successor under § 136 of this title, or a document filed in accordance with subchapter XVI of this chapter. The fees collected under this paragraph (c)(7) must be divided equally among the municipalities designated in § 301 of Title 10.

e. The Secretary of State may not charge a fee under this paragraph (c)(7) for a certificate of dissolution qualifying for treatment under § 391(a)(5)b. of this title, a resignation of agent without appointment of a successor under § 136 of this title, or a document filed under subchapter XVI of this chapter. ”.