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SPONSOR: Rep. Harris & Rep. Minor-Brown & Rep. Osienski &
Rep. K. Williams & Sen. Townsend & Sen. Sokola &
Sen. Lockman & Sen. Paradee
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 400
AN ACT TO AMEND TITLE 5, TITLE 6, TITLE 8, TITLE 12, AND TITLE 29 OF THE DELAWARE CODE
RELATING TO FEES AND TAXES ADMINISTERED BY THE SECRETARY OF STATE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members
elected to each house thereof concurring therein):
1 Section 1. Amend § 735, Title 5 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 735. Fees of Secretary of State and Commissioner.
4 (a) The following fees shall be collected by and paid to the Secretary of State, for the use of the State:
5 (1) For making and issuing the certificate of incorporation, $11.50; $200.
6 (2) For making the certified copy of the articles of association, $11.50; $50.
7 (3) For making the certified copy of the certificate of incorporation to be kept on file in the office of the
8 Secretary of State and for filing and indexing the same and the articles of association in said office, $5.75; $50.
9 (4) For supplying any additional certified copy of the certificate of incorporation or articles of association
10 requested by the corporation, $5.75. $50.
11 (5) For all services described in paragraphs (a)(1) through (a)(4) of this section that are requested to be
12 completed within 24-hours of the time of request, an additional fee of up to $300.
13 (b) Before issuing the certificate authorizing the corporation to begin the transaction of business, the State Bank
14 Commissioner shall collect from the corporation, for the use of the State, the sum of $5,750. In additionaddition, the
15 applicant shall pay an investigation fee of $1,150 which shall not be refundable and shall be submitted with the application.
16 Section 2. Amend § 9-525, Title 6 of the Delaware Code by making deletions as shown by strike through and
17 insertions as shown by underline as follows:
18 § 9-525. Fees.
19 (d) Response to information request and expediting services. —
20 (3) For each service described in this subsection or in Section 9-523(a) that is requested to be completed: (i)
21 within a twenty-four hour period from the time of the request, the Secretary of State shall charge the additional sum of
22 up to $100; $300; (ii) within the same day as the day of the request, the Secretary of State shall charge the additional
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23 sum of up to $200; $500; (iii) within a two-hour period from the time of the request, the Secretary of State shall charge
24 the additional sum of up to $500; and $1,500; (iv) within a one-hour period from the time of the request, the Secretary
25 of State shall charge the additional sum of up to $1,000. $2,500; and (v) within a 30-minute period from the time of the
26 request, the Secretary of State shall charge an additional sum of up to $10,000.
27 Section 3. Amend § 1410, Title 6 of the Delaware Code by making deletions as shown by strike through and
28 insertions as shown by underline as follows:
29 § 1410. Fees.
30 (a) No document required to be filed under this chapter shall be effective until the applicable fee required by this
31 section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of this State:
32 (1) Upon the receipt for filing of a certificate of acceptance, a certificate of amendment, a certificate of
33 correction or a certificate of cancellation, a fee in the amount of $100.$200.
34 (2) For certifying copies of any paper on file as provided for by this chapter, a fee in the amount of $20 $50
35 for each copy certified. In addition, a fee of $1.00 $2.00 per page shall be paid in each instance where the Secretary of
36 State provides the copies of the document to be certified.
37 (3) For issuing further noncertified copies, a fee in the amount of $5.00 $10 for the first page and $1.00 $2.00
38 for each additional page.
39 (b) In addition to those fees charged under subsection (a) of this section, there shall be collected by and paid to the
40 Secretary of State the following:
41 (1) For all services described in subsection (a) of this section that are requested to be completed within 2
42 hours on the same day as the day of the request, an additional sum of up to $500; $1,500;
43 (2) For all services described in subsection (a) of this section that are requested to be completed within the
44 same day as the day of the request, an additional sum of up to $200;$500; and
45 (3) For all services described in subsection (a) of this section that are requested to be completed within a 24-
46 hour period from the time of the request, an additional sum of up to $100. $300.
47 (c)The Secretary of State shall establish (and may from time to time alter or amend) a schedule of specific fees
48 payable pursuant to this subsection.subsection (b) of this section.
49 Section 4. Amend § 15-112, Title 6 of the Delaware Code by making deletions as shown by strike through and
50 insertions as shown by underline as follows:
51 § 15-112. Service of process on partnership filing a statement.
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52 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
53 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the partnership upon the
54 Secretary of State, and such service shall be as effectual for all intents and purposes as if made in any of the ways provided
55 for in subsection (a) of this section. Process may be served upon the Secretary of State under this subsection by means of
56 electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is authorized to issue such
57 rules and regulations with respect to such service as the Secretary of State deems necessary or appropriate. In the event that
58 service is effected through the Secretary of State in accordance with this subsection, the Secretary of State shall forthwith
59 notify the partnership by letter, directed to the partnership at the address of any partner as it appears on the records relating
60 to such partnership on file with the Secretary of State or, if no such address appears, at the last registered office. Such letter
61 shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier and a record of
62 delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers
63 served on the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service
64 to serve process and any other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to
65 this subsection, and to pay the Secretary of State the sum of $50 a fee as prescribed under § 15-1207(a)(12) of this title for
66 the use of the State of Delaware, which sum shall be taxed as part of the costs in the proceeding if the plaintiff shall prevail
67 therein. The Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the
68 plaintiff and defendant, the title, docket number and nature of the proceeding in which process has been served upon him or
69 her, the fact that service has been effected pursuant to this subsection, the return date thereof, and the day and hour when
70 the service was made. The Secretary of State shall not be required to retain such information for a period longer than 5
71 years from receipt of the service of process.
72 Section 5. Amend § 15-113, Title 6 of the Delaware Code by making deletions as shown by strike through and
73 insertions as shown by underline as follows:
74 § 15-113. Service of process on a partnership not filing a statement.
75 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
76 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the partnership upon the
77 Secretary of State, and such service shall be as effectual for all intents and purposes as if made in any of the ways provided
78 for in subsection (a) of this section. Process may be served upon the Secretary of State under this subsection by means of
79 electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is authorized to issue such
80 rules and regulations with respect to such service as the Secretary of State deems necessary or appropriate. In the event that
81 service is effected through the Secretary of State in accordance with this subsection, the Secretary of State shall forthwith
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82 notify the partnership by letter, directed to the partnership at the address of any partner or the partnership as it is furnished
83 to the Secretary of State by the person desiring to make service. Such letter shall be sent by a mail or courier service that
84 includes a record of mailing or deposit with the courier and a record of delivery evidenced by the signature of the recipient.
85 Such letter shall enclose a copy of the process and any other papers served on the Secretary of State pursuant to this
86 subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers in
87 duplicate, to notify the Secretary of State that service is being effected pursuant to this subsection, and to pay the Secretary
88 of State the sum of $50 a fee as prescribed under § 15-1207(a)(12) of this title for the use of the State of Delaware, which
89 sum shall be taxed as part of the costs on the proceeding if the plaintiff shall prevail therein. The Secretary of State shall
90 maintain an alphabetical record of any such service setting forth the name of the plaintiff and defendant, the title, docket
91 number and nature of the proceeding in which process has been served upon the Secretary of State, the fact that service has
92 been effected pursuant to this subsection, the return date thereof, and the day and hour when the service was made. The
93 Secretary of State shall not be required to retain such information for a period longer than 5 years from the Secretary of
94 State’s receipt of the service of process.
95 Section 6. Amend § 15-114, Title 6 of the Delaware Code by making deletions as shown by strike through and
96 insertions as shown by underline as follows:
97 § 15-114. Service of process on a partner and liquidating trustee.
98 (b) Service of process shall be effected by serving the registered agent (or, if there is none, the Secretary of State)
99 with 1 copy of such process in the manner provided by law for service of writs of summons. In the event service is made
100 under this subsection upon the Secretary of State, the plaintiff shall pay to the Secretary of State the sum of $50 a fee as
101 prescribed under § 15-1207(a)(12) of this title for the use of the State of Delaware, which sum shall be taxed as part of the
102 costs of the proceeding if the plaintiff shall prevail therein. In addition, the Prothonotary or the Register in Chancery of the
103 court in which the civil action or proceeding is pending shall, within 7 days of such service, deposit in the United States
104 mails, by registered mail, postage prepaid, true and attested copies of the process, together with a statement that service is
105 being made pursuant to this section, addressed to such partner or liquidating trustee at the partner’s or liquidating trustee’s
106 address furnished to the Prothonotary or Register in Chancery by the person desiring to make service, which address shall
107 be the partner’s or the liquidating trustee’s address as the same appears in any statement of the partnership or, if no such
108 address appears, the partner’s or the liquidating trustee’s last known address.
109 Section 7. Amend § 15-902, Title 6 of the Delaware Code by making deletions as shown by strike through and
110 insertions as shown by underline as follows:
111 § 15-902. Merger or consolidation.
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112 (m) In any case in which (i) at least 90% of the outstanding shares of each class of the stock of a corporation or
113 corporations (other than a corporation which has in its certificate of incorporation the provision required by § 251(g)(7)(A)
114 and (B) of Title 8), of which class there are outstanding shares that, absent § 267(a) of Title 8, would be entitled to vote on
115 such merger, is owned by a domestic partnership, (ii) 1 or more of such corporations is a corporation of the State of
116 Delaware, and (iii) any corporation that is not a corporation of the State of Delaware is a corporation of any other state or
117 the District of Columbia or another jurisdiction, the laws of which do not forbid such merger, the domestic partnership
118 having such stock ownership may either merge the corporation or corporations into itself and assume all of its or their
119 obligations, or merge itself, or itself and 1 or more of such corporations, into 1 of the other corporations, pursuant to a plan
120 of merger. If a domestic partnership is causing a merger under this subsection, (i) if the domestic partnership has not filed a
121 statement of partnership existence, then the domestic partnership shall file a statement of partnership existence, and (ii) the
122 domestic partnership shall file a certificate of ownership and merger executed by at least 1 partner or by 1 or more
123 authorized persons on behalf of the domestic partnership in the office of the Secretary of State. The certificate of ownership
124 and merger shall certify that such merger was authorized in accordance with the domestic partnership’s partnership
125 agreement and this chapter, and if the domestic partnership shall not own all the outstanding stock of all the corporations
126 that are parties to the merger, shall state the terms and conditions of the merger, including the securities, cash, property, or
127 rights to be issued, paid, delivered or granted by the surviving domestic partnership or corporation upon surrender of each
128 share of the corporation or corporations not owned by the domestic partnership, or the cancellation of some or all of such
129 shares. The terms and conditions of the merger may not result in a holder of stock in a corporation becoming a partner in a
130 surviving domestic partnership (other than a limited liability partnership). In the case of a merger under this subsection in
131 which a domestic partnership is the surviving entity, the certificate of ownership and merger may also state such
132 amendments, if any, to the statement of partnership existence of the surviving domestic partnership (and in the case of a
133 surviving domestic partnership that is a limited liability partnership, to the statement of qualification of such surviving
134 domestic partnership) as are desired to be effected by the merger (which amendments may amend and restate the statement
135 of partnership existence of the surviving domestic partnership in its entirety). If a corporation surviving a merger under this
136 subsection is not a corporation organized under the laws of the State of Delaware, then the terms and conditions of the
137 merger shall obligate such corporation to agree that it may be served with process in the State of Delaware in any
138 proceeding for enforcement of any obligation of the domestic partnership or any obligation of any constituent corporation
139 of the State of Delaware, as well as for enforcement of any obligation of the surviving corporation, including any suit or
140 other proceeding to enforce the right of any stockholders as determined in appraisal proceedings pursuant to § 262 of Title
141 8, and to irrevocably appoint the Secretary of State as its agent to accept service of process in any such suit or other
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142 proceedings, and to specify the address to which a copy of such process shall be mailed by the Secretary of State. Process
143 may be served upon the Secretary of State under this subsection by means of electronic transmission but only as prescribed
144 by the Secretary of State. The Secretary of State is authorized to issue such rules and regulations with respect to such
145 service as the Secretary of State deems necessary or appropriate. In the event of such service upon the Secretary of State in
146 accordance with this subsection, the Secretary of State shall forthwith notify such surviving corporation thereof by letter,
147 directed to such surviving corporation at its address so specified, unless such surviving corporation shall have designated in
148 writing to the Secretary of State a different address for such purpose, in which case it shall be mailed to the last address so
149 designated. Such letter shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier
150 and a record of delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any
151 other papers served on the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of
152 such service to serve process and any other papers in duplicate, to notify the Secretary of State that service is being effected
153 pursuant to this subsection and to pay the Secretary of State the sum of $50 a fee as prescribed under § 15-1207(a)(12) of
154 this title for the use of the State of Delaware, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff
155 shall prevail therein. The Secretary of State shall maintain an alphabetical record of any such service setting forth the name
156 of the plaintiff and the defendant, the title, docket number and nature of the proceeding in which process has been served,
157 the fact that service has been effected pursuant to this subsection, the return date thereof, and the day and hour service was
158 made. The Secretary of State shall not be required to retain such information longer than 5 years from receipt of the service
159 of process.
160 Section 8. Amend § 15-1207, Title 6 of the Delaware Code by making deletions as shown by strike through and
161 insertions as shown by underline as follows:
162 § 15-1207. Fees.
163 (a) No document required to be filed under this chapter shall be effective until the applicable fee required by this
164 section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of the State of
165 Delaware:
166 (3) Upon the receipt for filing of a statement of qualification, a statement of foreign qualification or an annual
167 report for a limited liability partnership or a foreign limited liability partnership, a fee in the amount of $200 $300 for
168 each partner, but in no event shall the fee payable for any year with respect to a limited liability partnership or a foreign
169 limited liability partnership under this section be more than $120,000. $180,000.
170 (7) For preclearance of any document for filing, a fee in the amount of $250. $350.
171 (8) For preparing and providing a written report of a record search, a fee of up to $100. $200.
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172 (12) For accepting service of process under this chapter, a fee in the amount of $100.
173 (b) In addition to those fees charged under subsection (a) of this section, there shall be collected by and paid to the
174 Secretary of State the following:
175 (1) For all services described in subsection (a) of this section that are requested to be completed within 30
176 minutes on the same day as the day of the request, an additional sum of up to $7,500$10,000 and for all services
177 described in subsection (a) of this section that are requested to be completed within 1 hour on the same day as the day
178 of the request, an additional sum of up to $1,000 $2,500 and for all services described in subsection (a) of this section
179 that are requested to be completed within 2 hours on the same day as the day of the request, an additional sum of up to
180 $500; $1,500;
181 (2) For all services described in subsection (a) of this section that are requested to be completed within the
182 same day as the day of the request, an additional sum of up to $300; $500; and
183 (3) For all services described in subsection (a) of this section that are requested to be completed within a 24-
184 hour period from the time of the request, an additional sum of up to $150. $300.
185 Section 9. Amend § 15-1208, Title 6 of the Delaware Code by making deletions as shown by strike through and
186 insertions as shown by underline as follows:
187 § 15-1208. Annual tax of partnership.
188 (a) Every partnership that has filed a statement of partnership existence shall pay an annual tax, for the use of the
189 State of Delaware, in the amount of $300. $400.
190 Section 10. Amend § 17-105, Title 6 of the Delaware Code by making deletions as shown by strike through and
191 insertions as shown by underline as follows:
192 § 17-105. Service of process on domestic limited partnerships and protected series or registered series thereof.
193 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
194 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the limited partnership
195 or any protected series or registered series thereof upon the Secretary of State, and such service shall be as effectual for all
196 intents and purposes as if made in any of the ways provided for in subsection (a) of this section. If service of legal process
197 is made upon the Secretary of State on behalf of any such protected series or registered series, such process shall include
198 the name of the limited partnership and the name of such protected series or registered series. Process may be served upon
199 the Secretary of State under this subsection by means of electronic transmission but only as prescribed by the Secretary of
200 State. The Secretary of State is authorized to issue such rules and regulations with respect to such service as the Secretary
201 of State deems necessary or appropriate. In the event that service is effected through the Secretary of State in accordance
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202 with this subsection, the Secretary of State shall forthwith notify the limited partnership by letter, directed to the limited
203 partnership at the address of a general partner as it appears on the records relating to such limited partnership on file with
204 the Secretary of State or, if no such address appears, at its last registered office. Such letter shall be sent by a mail or courier
205 service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by the signature of
206 the recipient. Such letter shall enclose a copy of the process and any other papers served on the Secretary of State pursuant
207 to this subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers in
208 duplicate, to notify the Secretary of State that service is being effected pursuant to this subsection, and to pay the Secretary
209 of State the sum of $50 a fee as prescribed under § 17-1107(a)(13) of this title for the use of the State of Delaware, which
210 sum shall be taxed as part of the costs in the proceeding if the plaintiff shall prevail therein. The Secretary of State shall
211 maintain an alphabetical record of any such service setting forth the name of the plaintiff and defendant, the title, docket
212 number and nature of the proceeding in which process has been served upon the Secretary, the fact that service has been
213 effected pursuant to this subsection, the return date thereof, and the day and hour when the service was made. The Secretary
214 of State shall not be required to retain such information for a period longer than 5 years from the Secretary’s receipt of the
215 service of process.
216 Section 11. Amend § 17-109, Title 6 of the Delaware Code by making deletions as shown by strike through and
217 insertions as shown by underline as follows:
218 § 17-109. Service of process on partners and liquidating trustees.
219 (b) Service of process shall be effected by serving the registered agent (or, if there is none, the Secretary of State)
220 with 1 copy of such process in the manner provided by law for service of writs of summons. In the event service is made
221 under this subsection upon the Secretary of State, the plaintiff shall pay to the Secretary of State the sum of $50 a fee as
222 prescribed under § 17-1107(a)(13) of this title for the use of the State of Delaware, which sum shall be taxed as part of the
223 costs of the proceeding if the plaintiff shall prevail therein. In addition, the Prothonotary or the Register in Chancery of the
224 court in which the civil action or proceeding is pending shall, within 7 days of such service, deposit in the United States
225 mails, by registered mail, postage prepaid, true and attested copies of the process, together with a statement that service is
226 being made pursuant to this section, addressed to such general partner or liquidating trustee at the same address that appears
227 in the certificate of limited partnership of the limited partnership, or, if no such address appears, at the general partner's or
228 the liquidating trustee's address last known to the party desiring to make such service.
229 Section 12. Amend § 17-211, Title 6 of the Delaware Code by making deletions as shown by strike through and
230 insertions as shown by underline as follows:
231 § 17-211. Merger and consolidation.
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232 (l) In any case in which (i) at least 90% of the outstanding shares of each class of the stock of a corporation or
233 corporations (other than a corporation which has in its certificate of incorporation the provision required by § 251(g)(7)(A)
234 and (B) of Title 8), of which class there are outstanding shares that, absent § 267(a) of Title 8, would be entitled to vote on
235 such merger, is owned by a domestic limited partnership, (ii) 1 or more of such corporations is a corporation of the State of
236 Delaware, and (iii) any corporation that is not a corporation of the State of Delaware is a corporation of any other state or
237 the District of Columbia or another jurisdiction, the laws of which do not forbid such merger, the domestic limited
238 partnership having such stock ownership may either merge the corporation or corporations into itself and assume all of its
239 or their obligations, or merge itself, or itself and 1 or more of such corporations, into 1 of the other corporations, pursuant to
240 a plan of merger. If a domestic limited partnership is causing a merger under this subsection, the domestic limited
241 partnership shall file a certificate of ownership and merger executed by at least 1 general partner on behalf of the domestic
242 limited partnership in the office of the Secretary of State. The certificate of ownership and merger shall certify that such
243 merger was authorized in accordance with the domestic limited partnership’s partnership agreement and this chapter, and if
244 the domestic limited partnership shall not own all the outstanding stock of all the corporations that are parties to the merger,
245 shall state the terms and conditions of the merger, including the securities, cash, property, or rights to be issued, paid,
246 delivered or granted by the surviving domestic limited partnership or corporation upon surrender of each share of the
247 corporation or corporations not owned by the domestic limited partnership, or the cancellation of some or all of such shares.
248 The terms and conditions of the merger may not result in a holder of stock in a corporation becoming a general partner in a
249 surviving domestic limited partnership (other than a limited liability limited partnership). In the case of a merger under this
250 subsection in which a domestic limited partnership is the surviving entity, the certificate of ownership and merger may also
251 state such amendments, if any, to the certificate of limited partnership of the surviving domestic limited partnership (and in
252 the case of a surviving domestic limited partnership that is a limited liability limited partnership, to the statement of
253 qualification of such surviving domestic limited partnership filed under § 15-1001 of this title) as are desired to be effected
254 by the merger (which amendments may amend and restate the certificate of limited partnership of the surviving domestic
255 limited partnership in its entirety). If a corporation surviving a merger under this subsection is not a corporation organized
256 under the laws of the State of Delaware, then the terms and conditions of the merger shall obligate such corporation to
257 agree that it may be served with process in the State of Delaware in any proceeding for enforcement of any obligation of the
258 domestic limited partnership or any obligation of any constituent corporation of the State of Delaware, as well as for
259 enforcement of any obligation of the surviving corporation, including any suit or other proceeding to enforce the right of
260 any stockholders as determined in appraisal proceedings pursuant to § 262 of Title 8, and to irrevocably appoint the
261 Secretary of State as its agent to accept service of process in any such suit or other proceedings, and to specify the address
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262 to which a copy of such process shall be mailed by the Secretary of State. Process may be served upon the Secretary of
263 State under this subsection by means of electronic transmission but only as prescribed by the Secretary of State. The
264 Secretary of State is authorized to issue such rules and regulations with respect to such service as the Secretary of State
265 deems necessary or appropriate. In the event of such service upon the Secretary of State in accordance with this subsection,
266 the Secretary of State shall forthwith notify such surviving corporation thereof by letter, directed to such surviving
267 corporation at its address so specified, unless such surviving corporation shall have designated in writing to the Secretary of
268 State a different address for such purpose, in which case it shall be mailed to the last address so designated. Such letter shall
269 be sent by a mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery
270 evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served on
271 the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve
272 process and any other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to this
273 subsection and to pay the Secretary of State the sum of $50 a fee as prescribed under § 17-1107(a)(13) of this title for the
274 use of the State of Delaware, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail
275 therein. The Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the
276 plaintiff and the defendant, the title, docket number and nature of the proceeding in which process has been served, the fact
277 that service has been effected pursuant to this subsection, the return date thereof, and the day and hour service was made.
278 The Secretary of State shall not be required to retain such information longer than 5 years from receipt of the service of
279 process.
280 Section 13. Amend § 17-910, Title 6 of the Delaware Code by making deletions as shown by strike through and
281 insertions as shown by underline as follows:
282 § 17-910. Service of process on registered foreign limited partnerships.
283 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
284 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the foreign limited
285 partnership upon the Secretary of State, and such service shall be as effectual for all intents and purposes as if made in any
286 of the ways provided for in subsection (a) of this section. Process may be served upon the Secretary of State under this
287 subsection by means of electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is
288 authorized to issue such rules and regulations with respect to such service as the Secretary of State deems necessary or
289 appropriate. In the event that service is effected through the Secretary of State in accordance with this subsection, the
290 Secretary of State shall forthwith notify the foreign limited partnership by letter, directed to the foreign limited partnership
291 at the address of a general partner as it appears on the records relating to such foreign limited partnership on file with the
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292 Secretary of State or, if no such address appears, at its last registered office. Such letter shall be sent by a mail or courier
293 service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by the signature of
294 the recipient. Such letter shall enclose a copy of the process and any other papers served on the Secretary of State pursuant
295 to this subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers in
296 duplicate, to notify the Secretary of State that service is being effected pursuant to this subsection, and to pay to the
297 Secretary of State the sum of $50 a fee as prescribed under § 17-1107(a)(13) of this title for the use of the State of
298 Delaware, which sum shall be taxed as a part of the costs in the proceeding if the plaintiff shall prevail therein. The
299 Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and
300 defendant, the title, docket number and nature of the proceeding in which process has been served upon the Secretary, the
301 fact that service has been effected pursuant to this subsection, the return date thereof and the day and hour when the service
302 was made. The Secretary of State shall not be required to retain such information for a period longer than 5 years from
303 receipt of the service of process.
304 Section 14. Amend § 17-911, Title 6 of the Delaware Code by making deletions as shown by strike through and
305 insertions as shown by underline as follows:
306 § 17-911. Service of process on unregistered foreign limited partnerships.
307 (c) In the event of service upon the Secretary of State in accordance with subsection (a) of this section, the
308 Secretary of State shall forthwith notify the foreign limited partnership thereof by letter, directed to the foreign limited
309 partnership at the address furnished to the Secretary of State by the plaintiff in such action, suit or proceeding. Such letter
310 shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier and a record of
311 delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers
312 served upon the Secretary of State. It shall be the duty of the plaintiff in the event of such service to serve process and any
313 other papers in duplicate, to notify the Secretary of State that service is being made pursuant to this subsection, and to pay
314 to the Secretary of State the sum of $50 a fee as prescribed under § 17-1107(a)(13) of this title for the use of the State of
315 Delaware, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The Secretary
316 of State shall maintain an alphabetical record of any such process setting forth the name of the plaintiff and defendant, the
317 title, docket number and nature of the proceeding in which process has been served upon the Secretary, the return date
318 thereof, and the day and hour when the service was made. The Secretary of State shall not be required to retain such
319 information for a period longer than 5 years from receipt of the service of process.
320 Section 15. Amend § 17-1107, Title 6 of the Delaware Code by making deletions as shown by strike through and
321 insertions as shown by underline as follows:
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322 § 17-1107. Fees.
323 (a) No document required to be filed under this chapter shall be effective until the applicable fee required by this
324 section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of the State of
325 Delaware:
326 (8) For preclearance of any document for filing, a fee in the amount of $250. $350.
327 (9) For preparing and providing a written report of a record search, a fee of up to $100.$200.
328 (13) For accepting service of process under this chapter, a fee in the amount of $100.
329 (b) In addition to those fees charged under subsection (a) of this section, there shall be collected by and paid to the
330 Secretary of State the following:
331 (1) For all services described in subsection (a) of this section that are requested to be completed within 30
332 minutes on the same day as the day of the request, an additional sum of up to $7,500 $10,000 and for all services
333 described in subsection (a) of this section that are requested to be completed within 1 hour on the same day as the day
334 of the request, an additional sum of up to $1,000 $2,500 and for all services described in subsection (a) of this section
335 that are requested to be completed within 2 hours on the same day of the request, an additional sum of $500; $1,500;
336 (2) For all services described in subsection (a) of this section that are requested to be completed within the
337 same day as the day of the request, an additional sum of up to $300; $500; and
338 (3) For all services described in subsection (a) of this section that are requested to be completed within a 24-
339 hour period from the time of the request, an additional sum of up to $150. $300.
340 Section 16. Amend § 17-1109, Title 6 of the Delaware Code by making deletions as shown by strike through and
341 insertions as shown by underline as follows:
342 § 17-1109. Annual tax of domestic limited partnership and foreign limited partnership and registered series.
343 (a) Every domestic limited partnership and every foreign limited partnership registered to do business in the State
344 of Delaware shall pay an annual tax, for the use of the State of Delaware, in the amount of $300.$400. There shall be paid
345 by or on behalf of each registered series of a domestic limited partnership an annual tax, for use of the State of Delaware, in
346 the amount of $75$100 per registered series.
347 Section 17. Amend § 18-105, Title 6 of the Delaware Code by making deletions as shown by strike through and
348 insertions as shown by underline as follows:
349 § 18-105. Service of process on domestic limited liability companies and protected series or registered series
350 thereof.
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351 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
352 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the limited liability
353 company or any protected series or registered series thereof upon the Secretary of State, and such service shall be as
354 effectual for all intents and purposes as if made in any of the ways provided for in subsection (a) of this section. If service
355 of legal process is made upon the Secretary of State on behalf of any such protected series or registered series, such process
356 shall include the name of the limited liability company and the name of such protected series or registered series. Process
357 may be served upon the Secretary of State under this subsection by means of electronic transmission but only as prescribed
358 by the Secretary of State. The Secretary of State is authorized to issue such rules and regulations with respect to such
359 service as the Secretary of State deems necessary or appropriate. In the event that service is effected through the Secretary
360 of State in accordance with this subsection, the Secretary of State shall forthwith notify the limited liability company by
361 letter, directed to the limited liability company at its address as it appears on the records relating to such limited liability
362 company on file with the Secretary of State or, if no such address appears, at its last registered office. Such letter shall be
363 sent by a mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery
364 evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served on
365 the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve
366 process and any other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to this
367 subsection, and to pay the Secretary of State the sum of $50 a fee as prescribed by § 18-1105(a)(13) of this title for the use
368 of the State of Delaware, which sum shall be taxed as part of the costs in the proceeding if the plaintiff shall prevail therein.
369 The Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and
370 defendant, the title, docket number and nature of the proceeding in which process has been served upon the Secretary, the
371 fact that service has been effected pursuant to this subsection, the return date thereof, and the day and hour when the service
372 was made. The Secretary of State shall not be required to retain such information for a period longer than 5 years from the
373 Secretary’s receipt of the service of process.
374 Section 18. Amend § 18-109, Title 6 of the Delaware Code by making deletions as shown by strike through and
375 insertions as shown by underline as follows:
376 § 18-109. Service of process on managers and liquidating trustees.
377 (b) Service of process shall be effected by serving the registered agent (or, if there is none, the Secretary of State)
378 with 1 copy of such process in the manner provided by law for service of writs of summons. In the event service is made
379 under this subsection upon the Secretary of State, the plaintiff shall pay to the Secretary of State the sum of $50 a fee as
380 prescribed by § 18-1105(a)(13) of this title for the use of the State of Delaware, which sum shall be taxed as part of the
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381 costs of the proceeding if the plaintiff shall prevail therein. In addition, the Prothonotary or the Register in Chancery of the
382 court in which the civil action or proceeding is pending shall, within 7 days of such service, deposit in the United States
383 mails, by registered mail, postage prepaid, true and attested copies of the process, together with a statement that service is
384 being made pursuant to this section, addressed to such manager or liquidating trustee at the principal place of business of
385 the limited liability company (if such address is known) and at the manager’s or liquidating trustee’s address last known to
386 the party desiring to make such service.
387 Section 19. Amend § 18-209, Title 6 of the Delaware Code by making deletions as shown by strike through and
388 insertions as shown by underline as follows:
389 § 18-209. Merger and consolidation.
390 (i) In any case in which (i) at least 90% of the outstanding shares of each class of the stock of a corporation or
391 corporations (other than a corporation which has in its certificate of incorporation the provision required by § 251(g)(7)(A)
392 and (B) of Title 8), of which class there are outstanding shares that, absent § 267(a) of Title 8, would be entitled to vote on
393 such merger, is owned by a domestic limited liability company, (ii) 1 or more of such corporations is a corporation of the
394 State of Delaware, and (iii) any corporation that is not a corporation of the State of Delaware is a corporation of any other
395 state or the District of Columbia or another jurisdiction, the laws of which do not forbid such merger, the domestic limited
396 liability company having such stock ownership may either merge the corporation or corporations into itself and assume all
397 of its or their obligations, or merge itself, or itself and 1 or more of such corporations, into 1 of the other corporations,
398 pursuant to a plan of merger. If a domestic limited liability company is causing a merger under this subsection, the domestic
399 limited liability company shall file a certificate of ownership and merger executed by 1 or more authorized persons on
400 behalf of the domestic limited liability company in the office of the Secretary of State. The certificate of ownership and
401 merger shall certify that such merger was authorized in accordance with the domestic limited liability company’s limited
402 liability company agreement and this chapter, and if the domestic limited liability company shall not own all the
403 outstanding stock of all the corporations that are parties to the merger, shall state the terms and conditions of the merger,
404 including the securities, cash, property, or rights to be issued, paid, delivered or granted by the surviving domestic limited
405 liability company or corporation upon surrender of each share of the corporation or corporations not owned by the domestic
406 limited liability company, or the cancellation of some or all of such shares. In the case of a merger under this subsection in
407 which a domestic limited liability company is the surviving entity, the certificate of ownership and merger may also state
408 such amendments, if any, to the certificate of formation of the surviving domestic limited liability company as are desired
409 to be effected by the merger (which amendments may amend and restate the certificate of formation of the surviving
410 domestic limited liability company in its entirety). If a corporation surviving a merger under this subsection is not a
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411 corporation organized under the laws of the State of Delaware, then the terms and conditions of the merger shall obligate
412 such corporation to agree that it may be served with process in the State of Delaware in any proceeding for enforcement of
413 any obligation of the domestic limited liability company or any obligation of any constituent corporation of the State of
414 Delaware, as well as for enforcement of any obligation of the surviving corporation, including any suit or other proceeding
415 to enforce the right of any stockholders as determined in appraisal proceedings pursuant to § 262 of Title 8, and to
416 irrevocably appoint the Secretary of State as its agent to accept service of process in any such suit or other proceedings, and
417 to specify the address to which a copy of such process shall be mailed by the Secretary of State. Process may be served
418 upon the Secretary of State under this subsection by means of electronic transmission but only as prescribed by the
419 Secretary of State. The Secretary of State is authorized to issue such rules and regulations with respect to such service as
420 the Secretary of State deems necessary or appropriate. In the event of such service upon the Secretary of State in
421 accordance with this subsection, the Secretary of State shall forthwith notify such surviving corporation thereof by letter,
422 directed to such surviving corporation at its address so specified, unless such surviving corporation shall have designated in
423 writing to the Secretary of State a different address for such purpose, in which case it shall be mailed to the last address so
424 designated. Such letter shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier
425 and a record of delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any
426 other papers served on the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of
427 such service to serve process and any other papers in duplicate, to notify the Secretary of State that service is being effected
428 pursuant to this subsection and to pay the Secretary of State the sum of $50 a fee as prescribed by § 18-1105(a)(13) of this
429 title for the use of the State of Delaware, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff shall
430 prevail therein. The Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the
431 plaintiff and the defendant, the title, docket number and nature of the proceeding in which process has been served, the fact
432 that service has been effected pursuant to this subsection, the return date thereof, and the day and hour service was made.
433 The Secretary of State shall not be required to retain such information longer than 5 years from receipt of the service of
434 process.
435 Section 20. Amend § 18-910, Title 6 of the Delaware Code by making deletions as shown by strike through and
436 insertions as shown by underline as follows:
437 § 18-910. Service of process on registered foreign limited liability companies.
438 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
439 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the foreign limited
440 liability company upon the Secretary of State, and such service shall be as effectual for all intents and purposes as if made
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441 in any of the ways provided for in subsection (a) of this section. Process may be served upon the Secretary of State under
442 this subsection by means of electronic transmission but only as prescribed by the Secretary of State. The Secretary of State
443 is authorized to issue such rules and regulations with respect to such service as the Secretary of State deems necessary or
444 appropriate. In the event that service is effected through the Secretary of State in accordance with this subsection, the
445 Secretary of State shall forthwith notify the foreign limited liability company by letter, directed to the foreign limited
446 liability company at its last registered office. Such letter shall be sent by a mail or courier service that includes a record of
447 mailing or deposit with the courier and a record of delivery evidenced by the signature of the recipient. Such letter shall
448 enclose a copy of the process and any other papers served on the Secretary of State pursuant to this subsection. It shall be
449 the duty of the plaintiff in the event of such service to serve process and any other papers in duplicate, to notify the
450 Secretary of State that service is being effected pursuant to this subsection, and to pay to the Secretary of State the sum of
451 $50 a fee as prescribed by § 18-1105(a)(13) of this title for the use of the State of Delaware, which sum shall be taxed as a
452 part of the costs in the proceeding if the plaintiff shall prevail therein. The Secretary of State shall maintain an alphabetical
453 record of any such service setting forth the name of the plaintiff and defendant, the title, docket number and nature of the
454 proceeding in which process has been served upon the Secretary, the fact that service has been effected pursuant to this
455 subsection, the return date thereof and the day and hour when the service was made. The Secretary of State shall not be
456 required to retain such information for a period longer than 5 years from the Secretary’s receipt of the service of process.
457 Section 21. Amend § 18-911, Title 6 of the Delaware Code by making deletions as shown by strike through and
458 insertions as shown by underline as follows:
459 § 18-911. Service of process on unregistered foreign limited liability companies.
460 (c) In the event of service upon the Secretary of State in accordance with subsection (a) of this section, the
461 Secretary of State shall forthwith notify the foreign limited liability company thereof by letter, directed to the foreign
462 limited liability company at the address furnished to the Secretary of State by the plaintiff in such action, suit or proceeding.
463 Such letter shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier and a
464 record of delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other
465 papers served upon the Secretary of State. It shall be the duty of the plaintiff in the event of such service to serve process
466 and any other papers in duplicate, to notify the Secretary of State that service is being made pursuant to this subsection, and
467 to pay to the Secretary of State the sum of $50 a fee as prescribed by § 18-1105(a)(13) of this title for the use of the State of
468 Delaware, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The Secretary
469 of State shall maintain an alphabetical record of any such process setting forth the name of the plaintiff and defendant, the
470 title, docket number and nature of the proceeding in which process has been served upon the Secretary, the return date
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471 thereof, and the day and hour when the service was made. The Secretary of State shall not be required to retain such
472 information for a period longer than 5 years from the receipt of the service of process.
473 Section 22. Amend § 18-1105, Title 6 of the Delaware Code by making deletions as shown by strike through and
474 insertions as shown by underline as follows:
475 § 18-1105. Fees.
476 (a) No document required to be filed under this chapter shall be effective until the applicable fee required by this
477 section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of the State of
478 Delaware:
479 (8) For preclearance of any document for filing, a fee in the amount of $250. $350.
480 (9) For preparing and providing a written report of a record search, a fee of up to $100. $200.
481 (13) For accepting service of process under this chapter, a fee in the amount of $100.
482 (b) In addition to those fees charged under subsection (a) of this section, there shall be collected by and paid to the
483 Secretary of State the following:
484 (1) For all services described in subsection (a) of this section that are requested to be completed within 30
485 minutes on the same day as the day of the request, an additional sum of up to $7,500 $10,000 and for all services
486 described in subsection (a) of this section that are requested to be completed within 1 hour on the same day as the day
487 of the request, an additional sum of up to $1,000 $2,500 and for all services described in subsection (a) of this section
488 that are requested to be completed within 2 hours on the same day of the request, an additional sum of up to $500;
489 $1,500;
490 (2) For all services described in subsection (a) of this section that are requested to be completed within the
491 same day as the day of the request, an additional sum of up to $300; $500; and
492 (3) For all services described in subsection (a) of this section that are requested to be completed within a 24-
493 hour period from the time of the request, an additional sum of up to $150. $300.
494 Section 23. Amend § 18-1107, Title 6 of the Delaware Code by making deletions as shown by strike through and
495 insertions as shown by underline as follows:
496 § 18-1107. Taxation of limited liability companies and registered series.
497 (b) Every domestic limited liability company and every foreign limited liability company registered to do business
498 in the State of Delaware shall pay an annual tax, for the use of the State of Delaware, in the amount of $300.$400. There
499 shall be paid by or on behalf of each registered series of a domestic limited liability company an annual tax, for use of the
500 State of Delaware, in the amount of $75$100 per registered series.
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501 Section 24. Amend § 3304, Title 6 of the Delaware Code by making deletions as shown by strike through and
502 insertions as shown by underline as follows:
503 § 3304. Application for registration.
504 (b) The application shall be signed and verified by the applicant, by a member of the firm or by an officer of the
505 corporation or association applying therefor. The application shall be accompanied by a specimen or facsimile of such mark
506 in duplicate. The application for registration shall be accompanied by a filing fee of $25$100 payable to the Secretary of
507 State. A fee in the amount of up to $300 shall be assessed for applications for registration that are requested to be completed
508 within a 24-hour period from the time of the request.
509 Section 25. Amend § 3305, Title 6 of the Delaware Code by making deletions as shown by strike through and
510 insertions as shown by underline as follows:
511 § 3305. Certificate of registration.
512 (c) A certificate of registration will be issued by the Secretary of State upon receipt of a $10 $50 fee payable to the
513 Secretary of State.
514 Section 26. Amend § 3306, Title 6 of the Delaware Code by making deletions as shown by strike through and
515 insertions as shown by underline as follows:
516 § 3306. Duration and renewal.
517 (a) Registration of a mark under this chapter shall be effective for a term of 10 years from the date of registration
518 and, upon application filed within 6 months prior to the expiration of such term, on a form to be furnished by the Secretary
519 of State, the registration may be renewed for a like term. A renewal fee of $25,$100, payable to the Secretary of State, shall
520 accompany the application for renewal of the registration. A fee in the amount of up to $300 shall be assessed for
521 applications for registration that are requested to be completed within a 24-hour period from the time of the request. A
522 trademark registration may be renewed for successive periods of 10 years in like manner.
523 Section 27. Amend § 3307, Title 6 of the Delaware Code by making deletions as shown by strike through and
524 insertions as shown by underline as follows:
525 § 3307. Assignment.
526 Any mark and its registration hereunder shall be assignable, with the good will of the business in which the mark
527 is used, or with that part of the good will of the business connected with the use of and symbolized by the mark.
528 Assignment shall be by instruments in writing duly executed, and may be recorded with the Secretary of State upon the
529 payment of a fee of $25,$100, payable to the Secretary of State who, upon recording of the assignment, shall issue in the
530 name of the assignee a new certificate for the remainder of the term of the registration, or of the last renewal thereof. A fee
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531 in the amount of up to $300 shall be assessed for applications for registration that are requested to be completed within a
532 24-hour period from the time of the request. An assignment of any registration under this chapter shall be void as against
533 any subsequent purchaser for valuable consideration without notice, unless it is recorded with the Secretary of State within
534 3 months after the date thereof, or prior to such subsequent purchase.
535 Section 28. Amend § 252, Title 8 of the Delaware Code by making deletions as shown by strike through and
536 insertions as shown by underline as follows:
537 § 252. Merger or consolidation of domestic and foreign corporations; service of process upon surviving or
538 resulting corporation.
539 (d) If the corporation surviving or resulting from the merger or consolidation is a foreign corporation, it shall agree
540 that it may be served with process in this State in any proceeding for enforcement of any obligation of any constituent
541 corporation of this State, as well as for enforcement of any obligation of the surviving or resulting corporation arising from
542 the merger or consolidation, including any suit or other proceeding to enforce the right of any stockholders as determined in
543 appraisal proceedings pursuant to § 262 of this title, and shall irrevocably appoint the Secretary of State as its agent to
544 accept service of process in any such suit or other proceedings and shall specify the address to which a copy of such process
545 shall be mailed by the Secretary of State. Process may be served upon the Secretary of State under this subsection by means
546 of electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is authorized to issue such
547 rules and regulations with respect to such service as the Secretary of State deems necessary or appropriate. In the event of
548 such service upon the Secretary of State in accordance with this subsection, the Secretary of State shall forthwith notify
549 such surviving or resulting corporation thereof by letter, directed to such surviving or resulting corporation at its address so
550 specified, unless such surviving or resulting corporation shall have designated in writing to the Secretary of State a different
551 address for such purpose, in which case it shall be mailed to the last address so designated. Such letter shall be sent by a
552 mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by
553 the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served on the Secretary of
554 State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any
555 other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to this subsection and to pay
556 the Secretary of State the sum of $50 a fee as prescribed under § 391(a)(29) of this title for the use of the State, which sum
557 shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The Secretary of State shall
558 maintain an alphabetical record of any such service setting forth the name of the plaintiff and the defendant, the title, docket
559 number and nature of the proceeding in which process has been served, the fact that service has been effected pursuant to
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560 this subsection, the return date thereof, and the day and hour service was made. The Secretary of State shall not be required
561 to retain such information longer than 5 years from receipt of the service of process.
562 Section 29. Amend § 256, Title 8 of the Delaware Code by making deletions as shown by strike through and
563 insertions as shown by underline as follows:
564 § 256. Merger or consolidation of domestic and foreign nonstock corporations; service of process upon surviving
565 or resulting corporation.
566 (d) If the corporation surviving or resulting from the merger or consolidation is a foreign nonstock corporation, it
567 shall agree that it may be served with process in this State in any proceeding for enforcement of any obligation of any
568 constituent corporation of this State, as well as for enforcement of any obligation of the surviving or resulting corporation
569 arising from the merger or consolidation and shall irrevocably appoint the Secretary of State as its agent to accept service of
570 process in any suit or other proceedings and shall specify the address to which a copy of such process shall be mailed by the
571 Secretary of State. Process may be served upon the Secretary of State under this subsection by means of electronic
572 transmission but only as prescribed by the Secretary of State. The Secretary of State is authorized to issue such rules and
573 regulations with respect to such service as the Secretary of State deems necessary or appropriate. In the event of such
574 service upon the Secretary of State in accordance with this subsection, the Secretary of State shall forthwith notify such
575 surviving or resulting corporation thereof by letter, directed to such corporation at its address so specified, unless such
576 surviving or resulting corporation shall have designated in writing to the Secretary of State a different address for such
577 purpose, in which case it shall be mailed to the last address so designated. Such letter shall be sent by a mail or courier
578 service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by the signature of
579 the recipient. Such letter shall enclose a copy of the process and any other papers served upon the Secretary of State. It shall
580 be the duty of the plaintiff in the event of such service to serve process and any other papers in duplicate, to notify the
581 Secretary of State that service is being made pursuant to this subsection, and to pay the Secretary of State the sum of $50 a
582 fee as prescribed under § 391(a)(29) of this title for the use of the State, which sum shall be taxed as a part of the costs in
583 the proceeding if the plaintiff shall prevail therein. The Secretary of State shall maintain an alphabetical record of any such
584 service setting forth the name of the plaintiff and defendant, the title, docket number and nature of the proceeding in which
585 process has been served upon the Secretary of State, the fact that service has been effected pursuant to this subsection, the
586 return date thereof, and the day and hour when the service was made. The Secretary of State shall not be required to retain
587 such information for a period longer than 5 years from receipt of the service of process.
588 Section 30. Amend § 263, Title 8 of the Delaware Code by making deletions as shown by strike through and
589 insertions as shown by underline as follows:
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590 § 263. Merger or consolidation of domestic corporations and partnerships; service of process upon surviving or
591 resulting corporation or partnership.
592 (d) If the entity surviving or resulting from the merger or consolidation is a partnership formed under the laws of a
593 jurisdiction other than this State, it shall agree that it may be served with process in this State in any proceeding for
594 enforcement of any obligation of any constituent corporation or partnership of this State, as well as for enforcement of any
595 obligation of the surviving or resulting corporation or partnership arising from the merger or consolidation, including any
596 suit or other proceeding to enforce the right of any stockholders as determined in appraisal proceedings pursuant to § 262 of
597 this title, and shall irrevocably appoint the Secretary of State as its agent to accept service of process in any such suit or
598 other proceedings and shall specify the address to which a copy of such process shall be mailed by the Secretary of State.
599 Process may be served upon the Secretary of State under this subsection by means of electronic transmission but only as
600 prescribed by the Secretary of State. The Secretary of State is authorized to issue such rules and regulations with respect to
601 such service as the Secretary of State deems necessary or appropriate. In the event of such service upon the Secretary of
602 State in accordance with this subsection, the Secretary of State shall forthwith notify such surviving or resulting corporation
603 or partnership thereof by letter, directed to such surviving or resulting corporation or partnership at its address so specified,
604 unless such surviving or resulting corporation or partnership shall have designated in writing to the Secretary of State a
605 different address for such purpose, in which case it shall be mailed to the last address so designated. Such letter shall be
606 sent by a mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery
607 evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served on
608 the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve
609 process and any other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to this
610 subsection and to pay the Secretary of State the sum of $50 a fee as prescribed under § 391(a)(29) of this title for the use of
611 the State, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The Secretary
612 of State shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and the defendant,
613 the title, docket number and nature of the proceeding in which process has been served upon the Secretary of State, the fact
614 that service has been effected pursuant to this subsection, the return date thereof, and the day and hour service was made.
615 The Secretary of State shall not be required to retain such information longer than 5 years from receipt of the service of
616 process.
617 Section 31. Amend § 264, Title 8 of the Delaware Code by making deletions as shown by strike through and
618 insertions as shown by underline as follows:
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619 § 264. Merger or consolidation of domestic corporations and limited liability companies; service of process upon
620 surviving or resulting corporation or limited liability company.
621 (d) If the entity surviving or resulting from the merger or consolidation is a limited liability company formed under
622 the laws of a jurisdiction other than this State, it shall agree that it may be served with process in this State in any
623 proceeding for enforcement of any obligation of any constituent corporation or limited liability company of this State, as
624 well as for enforcement of any obligation of the surviving or resulting corporation or limited liability company arising from
625 the merger or consolidation, including any suit or other proceeding to enforce the right of any stockholders as determined in
626 appraisal proceedings pursuant to the provisions of § 262 of this title, and shall irrevocably appoint the Secretary of State as
627 its agent to accept service of process in any such suit or other proceedings and shall specify the address to which a copy of
628 such process shall be mailed by the Secretary of State. Process may be served upon the Secretary of State under this
629 subsection by means of electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is
630 authorized to issue such rules and regulations with respect to such service as the Secretary of State deems necessary or
631 appropriate. In the event of such service upon the Secretary of State in accordance with this subsection, the Secretary of
632 State shall forthwith notify such surviving or resulting corporation or limited liability company thereof by letter, directed to
633 such surviving or resulting corporation or limited liability company at its address so specified, unless such surviving or
634 resulting corporation or limited liability company shall have designated in writing to the Secretary of State a different
635 address for such purpose, in which case it shall be mailed to the last address so designated. Such letter shall be sent by a
636 mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by
637 the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served on the Secretary of
638 State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any
639 other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to this subsection and to pay
640 the Secretary of State the sum of $50 a fee as prescribed under § 391(a)(29) of this title for the use of the State, which sum
641 shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The Secretary of State shall
642 maintain an alphabetical record of any such service setting forth the name of the plaintiff and the defendant, the title, docket
643 number and nature of the proceeding in which process has been served upon the Secretary of State, the fact that service has
644 been effected pursuant to this subsection, the return date thereof, and the day and hour service was made. The Secretary of
645 State shall not be required to retain such information longer than 5 years from receipt of the service of process.
646 Section 32. Amend § 266, Title 8 of the Delaware Code by making deletions as shown by strike through and
647 insertions as shown by underline as follows:
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648 § 266. Conversion of a domestic corporation to other entities [For application of this section, see 84 Del. Laws, c.
649 98, § 16].
650 (c) If a corporation shall convert in accordance with this section to another entity organized, formed or created
651 under the laws of a jurisdiction other than the State of Delaware, the corporation shall file with the Secretary of State a
652 certificate of conversion executed in accordance with § 103 of this title, which certifies:
653 (6) The address to which a copy of the process referred to in paragraph (c)(5) of this section shall be mailed to
654 it by the Secretary of State. Process may be served upon the Secretary of State in accordance with paragraph (c)(5) of
655 this section by means of electronic transmission but only as prescribed by the Secretary of State. The Secretary of State
656 is authorized to issue such rules and regulations with respect to such service as the Secretary of State deems necessary
657 or appropriate. In the event of such service upon the Secretary of State in accordance with paragraph (c)(5) of this
658 section, the Secretary of State shall forthwith notify such corporation that has converted out of the State of Delaware by
659 letter, directed to such corporation that has converted out of the State of Delaware at the address so specified, unless
660 such corporation shall have designated in writing to the Secretary of State a different address for such purpose, in
661 which case it shall be mailed to the last address designated. Such letter shall be sent by a mail or courier service that
662 includes a record of mailing or deposit with the courier and a record of delivery evidenced by the signature of the
663 recipient. Such letter shall enclose a copy of the process and any other papers served on the Secretary of State pursuant
664 to this subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers
665 in duplicate, to notify the Secretary of State that service is being effected pursuant to this subsection and to pay the
666 Secretary of State the sum of $50 a fee as prescribed under § 391(a)(29) of this title for the use of the State, which sum
667 shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The Secretary of State shall
668 maintain an alphabetical record of any such service setting forth the name of the plaintiff and the defendant, the title,
669 docket number and nature of the proceeding in which process has been served, the fact that service has been effected
670 pursuant to this subsection, the return date thereof, and the day and hour service was made. The Secretary of State shall
671 not be required to retain such information longer than 5 years from receipt of the service of process.
672 Section 33. Amend § 321, Title 8 of the Delaware Code by making deletions as shown by strike through and
673 insertions as shown by underline as follows:
674 § 321. Service of process on corporations.
675 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
676 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the corporation upon the
677 Secretary of State, and such service shall be as effectual for all intents and purposes as if made in any of the ways provided
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678 for in subsection (a) of this section. Process may be served upon the Secretary of State under this subsection by means of
679 electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is authorized to issue such
680 rules and regulations with respect to such service as the Secretary of State deems necessary or appropriate. In the event that
681 service is effected through the Secretary of State in accordance with this subsection, the Secretary of State shall forthwith
682 notify the corporation by letter, directed to the corporation at its principal place of business as it appears on the records
683 relating to such corporation on file with the Secretary of State or, if no such address appears, at its last registered office.
684 Such letter shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier and a
685 record of delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other
686 papers served on the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such
687 service to serve process and any other papers in duplicate, to notify the Secretary of State that service is being effected
688 pursuant to this subsection, and to pay the Secretary of State the sum of $50 a fee as prescribed under § 391(a)(29) of this
689 title for the use of the State, which sum shall be taxed as part of the costs in the proceeding if the plaintiff shall prevail
690 therein. The Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the
691 plaintiff and defendant, the title, docket number and nature of the proceeding in which process has been served upon the
692 Secretary of State, the fact that service has been effected pursuant to this subsection, the return date thereof, and the day and
693 hour when the service was made. The Secretary of State shall not be required to retain such information for a period longer
694 than 5 years from receipt of the service of process.
695 Section 34. Amend § 376, Title 8 of the Delaware Code by making deletions as shown by strike through and
696 insertions as shown by underline as follows:
697 § 376. Service of process upon qualified foreign corporations.
698 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
699 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the corporation upon the
700 Secretary of State, and such service shall be as effectual for all intents and purposes as if made in any of the ways provided
701 for in subsection (a) of this section. Process may be served upon the Secretary of State under this subsection by means of
702 electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is authorized to issue such
703 rules and regulations with respect to such service as the Secretary of State deems necessary or appropriate. In the event that
704 service is effected through the Secretary of State in accordance with this subsection, the Secretary of State shall forthwith
705 notify the corporation by letter, directed to the corporation at its principal place of business as it appears on the last annual
706 report filed pursuant to § 374 of this title or, if no such address appears, at its last registered office. Such letter shall be sent
707 by a mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery evidenced
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708 by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served upon the
709 Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve
710 process and any other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to this
711 subsection, and to pay the Secretary of State the sum of $50 a fee as prescribed under § 391(a)(29) of this title for the use of
712 the State, which sum shall be taxed as a part of the costs in the proceeding if the plaintiff shall prevail therein. The
713 Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and the
714 defendant, the title, docket number and nature of the proceeding in which process has been served upon the Secretary of
715 State, the fact that service has been effected pursuant to this subsection, the return date thereof, and the day and hour when
716 the service was made. The Secretary of State shall not be required to retain such information for a period longer than 5
717 years from receipt of such service.
718 Section 35. Amend § 381, Title 8 of the Delaware Code by making deletions as shown by strike through and
719 insertions as shown by underline as follows:
720 § 381. Withdrawal of foreign corporation from State; procedure; service of process on Secretary of State.
721 (d) In the event of service upon the Secretary of State in accordance with subsection (c) of this section, the
722 Secretary of State shall forthwith notify the corporation by letter, directed to the corporation at the address stated in the
723 certificate which was filed by the corporation with the Secretary of State pursuant to subsection (a) of this section. Such
724 letter shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier and a record of
725 delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers
726 served upon the Secretary of State. It shall be the duty of the plaintiff in the event of such service to serve process and any
727 other papers in duplicate, to notify the Secretary of State that service is being made pursuant to this subsection, and to pay
728 the Secretary of State the sum of $50 a fee as prescribed under § 391(a)(29) of this title for the use of the State, which sum
729 shall be taxed as part of the cost of the action, suit or proceeding if the plaintiff shall prevail therein. The Secretary of State
730 shall maintain an alphabetical record of such service setting forth the name of the plaintiff and defendant, the title, docket
731 number and nature of the proceeding in which the process has been served upon the Secretary of State, the fact that service
732 has been effected pursuant to this subsection, the return date thereof, and the day and hour when the service was made. The
733 Secretary of State shall not be required to retain such information for a period longer than 5 years from receipt of the
734 service of process.
735 Section 36. Amend § 382, Title 8 of the Delaware Code by making deletions as shown by strike through and
736 insertions as shown by underline as follows:
737 § 382. Service of process on nonqualifying foreign corporations.
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738 (c) In the event of service upon the Secretary of State in accordance with subsection (a) of this section, the
739 Secretary of State shall forthwith notify the corporation thereof by letter, directed to the corporation at the address furnished
740 to the Secretary of State by the plaintiff in such action, suit or proceeding. Such letter shall be sent by a mail or courier
741 service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by the signature of
742 the recipient. Such letter shall enclose a copy of the process and any other papers served upon the Secretary of State. It shall
743 be the duty of the plaintiff in the event of such service to serve process and any other papers in duplicate, to notify the
744 Secretary of State that service is being made pursuant to this subsection, and to pay the Secretary of State the sum of $50 a
745 fee as prescribed under § 391(a)(29) of this title for the use of the State, which sum shall be taxed as a part of the costs in
746 the proceeding if the plaintiff shall prevail therein. The Secretary of State shall maintain an alphabetical record of any such
747 process setting forth the name of the plaintiff and defendant, the title, docket number and nature of the proceeding in which
748 process has been served upon the Secretary of State, the fact that service has been effected pursuant to this subsection, the
749 return date thereof, and the day and hour when the service was made. The Secretary of State shall not be required to retain
750 such information for a period longer than 5 years from receipt of the service of process.
751 Section 37. Amend § 391, Title 8 of the Delaware Code by making deletions as shown by strike through and
752 insertions as shown by underline as follows:
753 § 391. Amounts payable to Secretary of State upon filing certificate or other paper.
754 (a) The following fees and penalties shall be collected by and paid to the Secretary of State, for the use of the
755 State:
756 (5) Upon the receipt for filing of a certificate of dissolution, there shall be paid to and collected by the
757 Secretary of State a fee of:
758 a. Forty dollars; or
759 b. Ten Fifty dollars in the case of a certificate of dissolution which certifies that:
760 1. The corporation has no assets and has ceased transacting business; and
761 2. The corporation, for each year since its incorporation in this State, has been required to pay only
762 the minimum franchise tax then prescribed by § 503 of this title; and
763 3. The corporation has paid all franchise taxes and fees due to or assessable by this State through the
764 end of the year in which said certificate of dissolution is filed.
765 (8) For receiving and filing and/or indexing the annual report of a foreign corporation doing business in this
766 State, a fee of $125 $250 shall be paid. In the event of neglect, refusal or failure on the part of any foreign corporation
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767 to file the annual report with the Secretary of State on or before June 30 each year, the corporation shall pay a penalty
768 of $125. $200.
769 (16) For preparing and providing a written report of a record search, a fee of up to $100 $200 shall be paid.
770 (17) For preclearance of any document for filing, a fee of $250 $350 shall be paid. paid, with the exception of
771 documents for filing under § 204 of this title, for which a fee of $1,500 shall be paid.
772 (29) For accepting service of process under this title, a fee of $100 shall be paid.
773 (h) In addition to those fees charged under subsections (a) and (c) of this section, there shall be collected by and
774 paid to the Secretary of State the following:
775 (1) For all services described in subsection (a) of this section that are requested to be completed within 30
776 minutes on the same day as the day of the request, an additional sum of up to $7,500 $10,000 and for all services
777 described in subsections (a) and (c) of this section that are requested to be completed within 1 hour on the same day as
778 the day of the request, an additional sum of up to $1,000 $2,500 and for all services described in subsections (a) and (c)
779 of this section that are requested to be completed within 2 hours on the same day as the day of the request, an
780 additional sum of up to $500; $1,500; and
781 (2) For all services described in subsections (a) and (c) of this section that are requested to be completed
782 within the same day as the day of the request, an additional sum of up to $300; $500; and
783 (3) For all services described in subsections (a) and (c) of this section that are requested to be completed
784 within a 24-hour period from the time of the request, an additional sum of up to $150. $300.
785 The Secretary of State shall establish (and may from time to time alter or amend) a schedule of specific fees
786 payable pursuant to this subsection.
787 Section 38. Amend § 3804, Title 12 of the Delaware Code by making deletions as shown by strike through and
788 insertions as shown by underline as follows:
789 § 3804. Legal proceedings.
790 (c) Service of process shall be effected by serving the Delaware trustee or registered agent of such statutory trust
791 required by § 3807 of this title (or, if there is none, the Secretary of State) with 1 copy of such process in the manner
792 provided by law for service of writs of summons. In the event service is made under this subsection upon the Secretary of
793 State, the plaintiff shall pay to the Secretary of State the sum of $50 a fee as prescribed under § 3813(a)(8) of this title for
794 the use of the State, which sum shall be taxed as part of the costs of the proceeding if the plaintiff shall prevail therein. In
795 addition, the Prothonotary or the Register in Chancery of the court in which the civil action or proceeding is pending shall,
796 within 7 days of such service, deposit in the United States mails, by registered mail, postage prepaid, true and attested
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797 copies of the process, together with a statement that service is being made pursuant to this section, addressed to the
798 defendant at the defendant’s address last known to and furnished by the party desiring to make such service.
799 Section 39. Amend § 3813, Title 12 of the Delaware Code by making deletions as shown by strike through and
800 insertions as shown by underline as follows:
801 § 3813. Fees.
802 (a) No documents required to be filed under this subchapter shall be effective until the applicable fee required by
803 this section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of this State:
804 (7) For preparing and providing a written report of a record search, a fee in the amount of up to $100. $200.
805 (8) For accepting service of process under this subchapter, a fee in the amount of $100.
806 (9) For preclearance of any document for filing, a fee in the amount of $350.
807 (b) In addition to those fees charged under subsection (a) of this section, there shall be collected by and paid to the
808 Secretary of State the following:
809 (1) For all services described in subsection (a) of this section that are requested to be completed within 30
810 minutes on the same day as the day of the request, an additional sum of up to $7,500 $10,000 and for all services
811 described in subsection (a) of this section that are requested to completed within 1 hour on the same day as the day of
812 the request, an additional sum of up to $1,000$2,500 and for all services described in subsection (a) of this section that
813 are requested to be completed within 2 hours on the same day as the day of the request, an additional sum of up to
814 $500; $1,500; and
815 (2) For all services described in subsection (a) of this section that are requested to be completed within the
816 same day as the day of the request, an additional sum of up to $300;$500; and
817 (3) For all services described in subsection (a) of this section that are requested to be completed within a 24-
818 hour period from the time of the request, an additional sum of up to $150. $300.
819 Section 40. Amend § 3815, Title 12 of the Delaware Code by making deletions as shown by strike through and
820 insertions as shown by underline as follows:
821 § 3815. Merger and consolidation.
822 (b) If a statutory trust is merging or consolidating under this section, the statutory trust or other business entity
823 surviving or resulting in or from the merger or consolidation shall file a certificate of merger or consolidation in the office
824 of the Secretary of State. The certificate of merger or consolidation shall state:
825 (8) If the surviving or resulting person is not a statutory trust or other business entity formed or organized or
826 existing under the laws of the State, a statement that such surviving or resulting other business entity agrees that it may
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827 be served with process in the State in any action, suit or proceeding for the enforcement of any obligation of any
828 statutory trust which is to merge or consolidate, irrevocably appointing the Secretary of State as its agent to accept
829 service of process in any such action, suit or proceeding and specifying the address to which a copy of such process
830 shall be mailed to it by the Secretary of State. Process may be served upon the Secretary of State under this subsection
831 by means of electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is
832 authorized to issue such rules and regulations with respect to such service as the Secretary of State deems necessary or
833 appropriate. In the event of service hereunder upon the Secretary of State, the plaintiff in any such action, suit or
834 proceeding shall furnish the Secretary of State with the address specified in the certificate of merger or consolidation
835 provided for in this section and any other address which the plaintiff may elect to furnish, together with copies of such
836 process as required by the Secretary of State, and the Secretary of State shall notify such surviving or resulting other
837 business entity thereof at all such addresses furnished by the plaintiff by letter. Such letter shall be sent by a mail or
838 courier service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by the
839 signature of the recipient. Such letter shall enclose a copy of the process and any other papers served upon the
840 Secretary of State. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers
841 in duplicate, to notify the Secretary of State that service is being made pursuant to this subsection, and to pay the
842 Secretary of State the sum of $50 a fee as prescribed under § 3813(a)(8) of this title for use of the State, which sum
843 shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The Secretary of State shall
844 maintain an alphabetical record of any such process setting forth the name of the plaintiff and defendant, the title,
845 docket number and nature of the proceedings in which process has been served upon the Secretary, the return date
846 thereof, and the day and hour when the service was made. The Secretary of State shall not be required to retain such
847 information for a period longer than 5 years from the Secretary's receipt of the service of process.
848 Section 41. Amend § 3860, Title 12 of the Delaware Code by making deletions as shown by strike through and
849 insertions as shown by underline as follows:
850 § 3860. Service of process on registered foreign statutory trusts.
851 (b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any
852 manner provided for by subsection (a) of this section, it shall be lawful to serve the process against the foreign statutory
853 trust upon the Secretary of State, and such service shall be as effectual for all intents and purposes as if made in any of the
854 ways provided for in subsection (a) of this section. Process may be served upon the Secretary of State under this subsection
855 by means of electronic transmission but only as prescribed by the Secretary of State. The Secretary of State is authorized to
856 issue such rules and regulations with respect to such service as the Secretary of State deems necessary or appropriate. In the
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857 event that service is effected through the Secretary of State in accordance with this subsection, the Secretary of State shall
858 forthwith notify the foreign statutory trust by letter, directed to the foreign statutory trust at its last registered office. Such
859 letter shall be sent by a mail or courier service that includes a record of mailing or deposit with the courier and a record of
860 delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers
861 served on the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service
862 to serve process and any other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to
863 this subsection, and to pay to the Secretary of State the sum of $50 a fee as prescribed under § 3862(3) of this title for the
864 use of the State, which sum shall be taxed as a part of the costs in the proceeding if the plaintiff shall prevail therein. The
865 Secretary of State shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and
866 defendant, the title, docket number and nature of the proceeding in which process has been served upon the Secretary of
867 State, the fact that service has been effected pursuant to this subsection, the return date thereof and the day and hour when
868 the service was made. The Secretary of State shall not be required to retain such information for a period longer than 5
869 years from receipt of the service of process.
870 Section 42. Amend § 3861, Title 12 of the Delaware Code by making deletions as shown by strike through and
871 insertions as shown by underline as follows:
872 § 3861. Service of process on unregistered foreign statutory trusts.
873 (c) In the event of service upon the Secretary of State in accordance with subsection (a) of this section, the
874 Secretary of State shall forthwith notify the foreign statutory trust thereof by letter, directed to the foreign statutory trust at
875 the address furnished to the Secretary of State by the plaintiff in such action, suit or proceeding. Such letter shall be sent by
876 a mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery evidenced by
877 the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served upon the Secretary
878 of State. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers in duplicate, to
879 notify the Secretary of State that service is being made pursuant to this subsection, and to pay to the Secretary of State the
880 sum of $50 a fee as prescribed under § 3862(3) of this title for the use of the State, which sum shall be taxed as part of the
881 costs in the proceeding, if the plaintiff shall prevail therein. The Secretary of State shall maintain an alphabetical record of
882 any such process setting forth the name of the plaintiff and defendant, the title, docket number and nature of the proceeding
883 in which process has been served upon the Secretary of State, the return date thereof, and the day and hour when the service
884 was made. The Secretary of State shall not be required to retain such information for a period longer than 5 years from
885 receipt of the service of process.
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886 Section 43. Amend § 3862, Title 12 of the Delaware Code by making deletions as shown by strike through and
887 insertions as shown by underline as follows:
888 § 3862. Fees.
889 No document required to be filed under this subchapter shall be effective until the applicable fee required by this
890 section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of the State:
891 (3) For accepting service of process under this subchapter, a fee in the amount of $100.
892 Section 44. Amend § 2315, Title 29 of the Delaware Code by making deletions as shown by strike through and
893 insertions as shown by underline as follows:
894 § 2315. Fees.
895 The fees to be charged by the Secretary of State for the use of the State are as follows:
896 For issuing certificate in private case under the Great Seal $ 3.00
897 For issuing certificate in private case under the seal of office 2.00
898 For copying, per line .05
899 For receiving, filing and indexing certificates, statements, affidavits, decrees, agreements, surveys, reports and any
900 other papers pertaining to corporations, except as otherwise provided in Title 8 10.00
901 For receiving, filing and indexing every paper now or hereafter provided by law to be filed with the Secretary of
902 State, except as otherwise provided in Title 8 10.00
903 For recording, filing and indexing certificates, articles of association and any other paper required by law to be
904 recorded by the Secretary of State, the same fees as provided by law for the recorder, except as otherwise provided in Title
905 8.
906 For proceeding for reinstatement, including the receiving, filing and indexing and all necessary certificates 15.00
907 For filing certificates of foreign corporations including the receiving, filing, indexing and issuing necessary
908 certificates, $13 of which shall be paid to each prothonotary for filing and certificate. 30.00
909 For certifying acts or resolutions of a private nature, acts of a private character pertaining to the acknowledgement
910 or recording of deeds or other papers or to titles or conveyances of real estate, the fees prescribed in § 909 of this title
911 [repealed].
912 For commission to Attorney General and notaries public, each 15.00
913 For commission to justices of the peace 10.00
914 For commission to constables, when appointed by the Governor 10.00
915 For acceptance of service of process not otherwise specified by statute 100.00
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916 For designation or appointment of resident agent not otherwise specified by statute 50.00
917 Section 45. Sections 9,16, and 23 of this Act take effect January 1, 2026. All other sections of this Act take effect
918 on August 1, 2026.
SYNOPSIS
This Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to
the fees will take effect on August 1, 2026, however changes to the partnership, limited partnership, and limited liability
company annual tax and changes to the annual tax on registered series of limited partnerships and limited liability
companies will take effect on January 1, 2026.
This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware
Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to
increase the effective rate of a tax levied by the State.
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3501530103Every fact on this page links to its source, starting with the official bill record.