CHAPTER 265

AN ACT TO AMEND SECTION 353, TITLE 8, DELAWARE CODE, RELATING TO SERVICE OF PROCESS ON UNQUALIFIED FOREIGN CORPORATIONS DOING BUSINESS IN THIS STATE BY DEFINING WHAT SHALL CONSTITUTE SUCH DOING OF BUSINESS FOR SUCH PURPOSE BY ANY FOREIGN CORPORATION OTHER THAN AN INSURANCE COMPANY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein):

Section 1. Section 353, Title 8, Delaware Code, is hereby amended adding at the end of Subsection (a) thereof a new paragraph to read as follows:

The provisions of Section 343 of this Title shall not apply in determining whether any foreign corporation is transacting business in this State within the meaning of this Section; and the transaction of business or business transacted in this State, by any such foreign corporation, wherever those words are used in this Section, shall mean the course or practice of carrying on any business activities in this State, including, without limiting the generality of the foregoing, the solicitation of business or orders in this State. The provisions of this Section shall not apply to any insurance company doing business in this State.

Section 2. Section 353, Title 8, Delaware Code, as hereby amended, shall be effective immediately and shall apply to any action, suit or proceeding commenced after this Act becomes law regardless of when the cause of action sued upon may have accrued.

Approved December 28, 1961.