CHAPTER 190

FORMERLY

HOUSE BILL NO. 545

AS AMENDED 8Y

HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 8, OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW OF THE STATE OF DELAWARE.

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. Amend §103(c)(1), Chapter 1, Title 8, Delaware Code by deleting the phrase ", together with a duplicate copy which may be either a signed or conformed copy," as it appears therein.

Section 2. Amend §103(c)(4), Chapter 1, Title 8, Delaware Code by deleting said paragraph in its entirety and substituting in lieu thereof the following:

"(4) The Secretary of State shall prepare a copy of the original signed instrument, which copy shall bear the same endorsement which is required to appear upon the original, and shall certify such copy as a true copy of the original signed instrument."

Section 3. Amend §103(c)(5), Chapter 1, Title 8, Delaware Code by deleting the word "duplicate" as it appears therein.

Section 4. Amend §252(d), Chapter 1, Title 8, Delaware Code by striking the symbol and figure "$25.00" as it appears in the fourth sentence of said and substituting in lieu thereof the symbol and figure "$50.00''.

Section 5. Amend §256(d), Chapter 1, Title 8, Delaware Code by deleting the symbol and figure "$25.00" as it appears in the fourth sentence of said subsection and substituting in lieu thereof the symbol and figure "$50.00".

Section 6. Amend §263(d), Chapter 1, Title 8, Delaware Code by deleting the symbol and figure "$25.00" as it appears in the fourth sentence of said subsection and substituting in lieu thereof the symbol and figure "$50.00".

Section 7. Amend §321(b), Chapter 1, Title 8, Delaware Code by deleting the symbol and figure "$25.00" as It appears in the fourth sentence of said subsection and substituting in lieu thereof the symbol and figure "$50.00".

Section 8. Amend §376(b), Chapter 1, Title 8, Delaware Code by deleting the symbol and figure "$25.00" as it appears in the fourth sentence of said subsection and substituting in lieu thereof the symbol and figure "$50.00".

Section 9. Amend §381(d), Chapter 1, Title 8, Delaware Code by deleting the symbol and figure "$25.00" as it appears in the third sentence of said subsection and substituting in lieu thereof the symbol and figure "$50.D0".

Section 10. Amend §382(c), Chapter 1, Title 8, Delaware Code by deleting the symbol and figure "$25.00" as it appears in the third sentence of said subsection and substituting in lieu thereof the symbol and figure "$50.00".

Section11. Amend §391(a)(11), Chapter 1, Title 8, Delaware Code by inserting after the word and punctuation mark "subsections," as It appears in said paragraph the phrase and punctuation mark "or a certificate that recites all of a corporation's filings with the Secretary of State," and by adding a new sentence at the end of §391(a)(11) which shall read as follows:

"For issuing any certificate of the Secretary of State that recites all of a corporation' s filings with the Secretary of State, a fee of $100.00 shall be paid for each certificate."

Section 12. Amend §391(a)(16), Chapter 1, Title 8, Delaware Code by deleting the symbol and figure "$50.00" as it appears therein and substituting in lieu thereof the symbol and figure "$250.00".

Section 13. Amend §502(c), Chapter 5, Title 8, Delaware Code by deleting the words "upon a basis by him deemed to be most practicable" in the first sentence of said subsection and inserting in lieu thereof the words In the manner prescribed by §503(a) of this title" and by adding the phrase "unless the corporation shall thereafter elect to compute the franchise tax In the manner prescribed by §503 (a)(2) of this title by filing the annual franchise tax report and complying with the provisions of §503(b) of this title" immediately before the period "." at the end of the first sentence of said subsection.

Section 14. Amend §503(b), Chapter 5, Title 8, Delaware Code by deleting the word "finance" as It appears between the words "annual" and "tax" in said subsection and substituting in lieu thereof the word "franchise"; by deleting the phrase "as required by §502 of this title" as it appears in said subsection; and by deleting the words the current" as they appear in said subsection and substituting in lieu thereof the word "such".

Section 15. Amend §505(a), Chapter 5, Title 8, Delaware Code by deleting the first sentence of said subsection and substituting in lieu thereof the following:

"If any corporation claims that the annual franchise tax or any penalties or interest were erroneously or illegally fixed or paid with respect to a calendar year, the corporation may, not later than the 1st day of March of the second calendar year following the close of such calendar year, petition the Secretary of State for a reduction or refund of such tax, penalties or interest."

Section 16. Amend §505, Chapter 5, Title 8, Delaware Code by deleting subsection (f) in its entirety.

Approved April 4, 1990.