CHAPTER 8 - FRANCHISE TAX

AN ACT TO AMEND CHAPTER 6, OF THE REVISED CODE OF THE STATE OF DELAWARE, RELATING TO FRANCHISE TAXES:

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

Section 1. That Article 8 of Chapter 6, of the Revised Code of the State of Delaware, be and the same is hereby amended by adding thereto a new Section which shall be known as 117 Section 80, as follows:

117 Section 80. Every religious corporation, and every purely charitable or educational association, and every company, association or society, which by its certificate of incorporation, had, at the time its charter became void by operation of law, for its object the assistance of sick, needy, or disabled members, or the defraying of funeral expenses of deceased members, or to provide for the wants of the widows and families after death of its members, whose charter has become inoperative and void by operation of Section 74 of this Act for failure to file annual reports required, and to pay taxes or penalties from which it would have been exempt if such reports had been filed, shall be deemed to have filed all such reports and be relieved of all such taxes and penalties, upon satisfactory proof submitted to the Secretary of State of its right to be classified under any of the classifications hereinabove set out; and upon filing with the Secretary of State a certificate of renewal and revival in manner and form as required by Section 73 and Section 74 of Chapter 65 of the Revised Code of Delaware of 1915. Such corporation shall pay a filing fee for the use of the State of Seven Dollars ($7.00), which shall be received in lieu of and in payment of all taxes and penalties which may or shall have accrued prior to the date of the filing of such certificate of renewal and revival.

Upon the filing by the corporation of the proof of classification as required herein, and the filing of the certificate of renewal and revival, and payment of the filing fee as herein required the Secretary of State shall issue a certificate that such corporation's Charter has been renewed and revived as of the date of the said certificate, and upon the recording of such certificate in the office of the Recorder of Deeds for the County in which the original charter of the said corporation was recorded, the said corporation shall be renewed and revived with the same force and effect as if its charter had not become inoperative and void, and with the validation of all acts done within the scope of its charter during the period when such charter was inoperative or void, and with the vesting in such corporation of all real and personal property which were its at the time its charter became inoperative or void, or which were in any manner acquired by it during the period when its charter was inoperative or void, all with the same force and effect as though its charter had at all times remained in full force and effect.

Section 2. Nothing herein contained shall be deemed or construed to relieve any corporation of any of the classifications hereinabove set out from filing the annual report required by Section 66 of this Act; provided that no filing fee for filing such report of any such corporation shall be required.

Section 3. All acts or part of acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Approved April 12, 1935.