CHAPTER 87

FORMERLY SENATE BILL NO. 99

AN ACT TO REVISE THE GENERAL CORPORATION LAW RELATING TO CORPORATIONS CLASSIFIED AS PRIVATE FOUNDATIONS FOR FEDERAL INCOME TAX PURPOSES.

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

Section 1. Chapter 1, Title 8, Delaware Code, is hereby amended by adding the following new Section 127:

§ 127. Private foundation; powers and duties

A corporation of this State which is a private foundation under the United States internal revenue laws and whose certificate of incorporation does not expressly provide that this section shall not apply to it is required to act or to refrain from acting so as not to subject itself to the taxes imposed by Sections 4941 (relating to taxes on self-dealing), 4942 (relating to taxes on failure to distribute income, 4943 (relating to taxes on excess business holdings), 4944 (relating to taxes on investments which jeopardize charitable purpose), or 4945 (relating to taxable expenditures) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent United States internal revenue law.

Section 2. This act shall be effective upon its approval by the Governor.

Approved May 20, 1971