Delaware General Assembly


CHAPTER 397

AN ACT TO AMEND SECTION 3114, TITLE 24, DELAWARE CODE, RELATING TO EXPIRATION OF CERTIFICATE OF UNDERTAKERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Section 3114, Title 24, Delaware Code, by striking said section and inserting in lieu thereof the following:

§ 3114. Circumstances causing certificate to become void; continuation of certificate under certain conditions

When any person, upon whose examination, a certificate was issued to any firm or corporation or to such person for its or his undertaking business under the provisions of Sections 3108-3111 of this Title, ceases to be a member of such firm or corporation or shall be deceased, the right of such person, firm or corporation to continue in such business shall cease and determine except under the following circumstances and conditions:

(a) Where the undertaking business has been carried on by an individual operating under his own certificate, his estate may be continued in the undertaking business, under the supervision and direction of a licensed undertaker of this State, until such time as the estate shall have been settled but not beyond a period of two years from the date of the decedent's death;

(b) Where the undertaking business has been carried on in the name of a firm or corporation, said firm or corporation may continue to exercise all the rights and prerogatives which said certificate confers and said certificate shall remain in full force and effect so long as any officer of said corporation is a duly licensed undertaker of this State assuming responsibility for compliance with the provisions of this Chapter.

Approved April 30, 1970.