CHAPTER 233

FORMERLY

SENATE BILL NO. 300

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, TITLE 8, SECTION 136, OF THE DELAWARE CODE RELATING TO RESIGNATION OF CORPORATION REGISTERED AGENTS NOT COUPLED WITH APPOINTMENT OF SUCCESSOR.

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 Section 136(a), Chapter 1, Title 8, of the Delaware Code by deleting the word "60" in the third line thereof and by replacing it with the word "30."

Section 2. Further amend Section 136(a), Chapter 1, Title 8, of the Delaware Code by amending the second sentence of said section to read in full as follows:

"There shall be attached to such certificate an affidavit of such registered agent, if an individual, or of an authorized officer thereof if a corporation, stating either (1) that at least 30 days prior to the date of the filing of said certificate, due notice was sent by certified or registered mail to the corporation for which such registered agent was acting, at the principal office thereof outside the State, if known to such registered agent or, if not, to the last known address of the attorney or other individual at whose request such registered agent was appointed for such corporation, of the resignation of such registered agent or (ii) that such registered agent has on not less than two separate occasions attempted to send mail by first class mail to the corporation at its principal office outside the State, if known to such registered agent or, if not, to the last known address of the attorney or other individual at whose request such registered agent was appointed for such corporation, and such mall has been returned by the post office as undeliverable, not forwardable, or unclaimed."

Section 3. Amend Section 136(c), Chapter 1, Title 8, of the Delaware code by deleting the word "60" in the seventh and eleventh lines thereof and by replacing them with the word "30."

Approved May 27, 1994.