CHAPTER 52

FORMERLY

HOUSE BILL NO. 268

AN ACT TO AMEND TITLE 6, TITLE 12, AND TITLE 29 OF THE DELAWARE CODE RELATING TO SECURED TRANSACTIONS AND FEES CHARGED BY THE SECRETARY OF STATE, UNIFORM PARTNERSHIP ACT AND FEES CHARGED AND TAXES COLLECTED BY THE SECRETARY OF STATE, LIMITED PARTNERSHIPS AND FEES CHARGED AND TAXES COLLECTED BY THE SECRETARY OF STATE, LIMITED LIABILITY COMPANY ACT AND FEES CHARGED AND TAXES COLLECTED BY THE SECRETARY OF STATE, TREATMENT OF DELAWARE STATUTORY TRUSTS AND FEES CHARGED BY THE SECRETARY OF STATE, AND THE SECRETARY OF STATE AND FEES CHARGED BY THE SECRETARY OF STATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend Section 9-525(a)(1), Title 6, Delaware Code, by striking the figure “$50” and substituting in lieu thereof “an amount not to exceed $75”.

Section 2. Amend Section 9-525(a)(2), Title 6, Delaware Code, by striking the figure “$20” and substituting in lieu thereof “$50”.

Section 3. Amend Section 9-525(d)(2), Title 6, Delaware Code, by striking such subsection in its entirety and substituting in lieu thereof the following:

“(2) Upon request the filing office shall provide a copy of any record for a uniform fee of $10 for the first page and $2 for each additional page; provided, however, that the office of the Secretary of State may in its discretion establish different rate schedules for bulk copies pursuant to Section 9-523(f) of this Article.”

Section 4. Amend Section 9-523(d)(3) by striking the figure “$25” and substituting in lieu thereof “$50”, by striking the figure “$50” and substituting in lieu thereof “$100”, and by striking the figure “$75” and substituting in lieu thereof “$200”.

Section 5. Amend Section 15-1207(a)(3), Title 6, Delaware Code, by striking the figure “$100” and substituting in lieu thereof “$200”.

Section 6. Amend Section 15-1207(a)(4), Title 6, Delaware Code, by striking the figure “$20” and substituting in lieu thereof “$30”.

Section 7. Amend Section 15-1207(a)(5), Title 6, Delaware Code, by striking the figure “$5” and substituting in lieu thereof “$10” and by striking the figure “$1” and substituting in lieu thereof “$2”.

Section 8. Amend Section 15-1207(a)(9), Title 6, Delaware Code, by striking the figure “$20” and substituting in lieu thereof “$30” and by striking the figure “$100” and substituting in lieu thereof “$125”.

Section 9. Amend Section 15-1207(a)(10), Title 6, Delaware Code, by striking the figure “$25” and substituting in lieu thereof “$50”.

Section 10. Amend Section 15-1207(a)(11), Title 6, Delaware Code, by striking the figure “$25” and substituting in lieu thereof “$60”.

Section 11. Amend Section 15-1207(b)(1), Title 6, Delaware Code, by deleting the word “For” and inserting in lieu thereof “For all services described in subsection (a) of this Section that are requested to be completed within one (1) hour on the same day as the day of the request, an additional sum of up to $1,000 and for”.

Section 12. Amend Section 15-1208(a), Title 6, Delaware Code, by striking the figure “$100” and substituting in lieu thereof “$200”.

Section 13. Amend Section 17-1107(a)(3), Title 6, Delaware Code, by striking the words “and upon the restoration of a domestic limited partnership or foreign limited partnership under §17-1109(h),”.

Section 14. Amend Section 17-1107(a)(4), Title 6, Delaware Code, by striking the figure “$20” and substituting in lieu thereof “$30”.

Section 15. Amend Section 17-1107(a)(5), Title 6, Delaware Code, by striking the figure “$5” and substituting in lieu thereof “$10” and by striking the figure “$1” and substituting in lieu thereof “$2”.

Section 16. Amend Section 17-1107(a)(10), Title 6, Delaware Code, by striking the figure “$20” and substituting in lieu thereof “$30” and by striking the figure “$100” and substituting in lieu thereof “$125”.

Section 17. Amend Section 17-1107(a)(11), Title 6, Delaware Code, by striking the figure “$25” and substituting in lieu thereof “$50”.

Section 18. Amend Section 17-1107(a)(12), Title 6, Delaware Code, by striking the figure “$25” and substituting in lieu thereof “$60”.

Section 19. Amend Section 17-1107(b)(1), Title 6, Delaware Code, by deleting the word “For” and inserting in lieu thereof “For all services described in subsection (a) of this Section that are requested to be completed within one (1) hour on the same day as the day of the request, an additional sum of up to $1,000 and for”.

Section 20. Amend Section 17-1109(a), Title 6, Delaware Code, by striking the figure “$100” and substituting in lieu thereof “$200”.

Section 21. Amend Section 17-1109(h), Title 6, Delaware Code, by striking the last sentence thereof.

Section 22. Amend Section 18-1105(a)(3), Title 6, Delaware Code, by inserting immediately following the words “§18-201 of this Title,” the words “a fee in the amount of $90; and upon the receipt for filing of”; by striking the words “and upon the restoration of a domestic limited liability company or a foreign limited liability company under §18-1107 (i) of this Title,”; and by striking the figure “$50” and substituting in lieu thereof “$100”.

Section 23. Amend Section 18-1105(a)(4), Title 6, Delaware Code, by striking the figure “$20” and substituting in lieu thereof “$30”.

Section 24. Amend Section 18-1105(a)(5), Title 6, Delaware Code, by striking the figure “$5” and substituting in lieu thereof “$10” and by striking the figure “$1” and substituting in lieu thereof “$2”.

Section 25. Amend Section 18-1105(a)(6), Title 6, Delaware Code, by striking the figure “$50” and substituting in lieu thereof “$100”.

Section 26. Amend Section 18-1105(a)(10), Title 6, Delaware Code, by striking the figure “$20” and substituting in lieu thereof “$30” and by striking the figure “$100” and substituting in lieu thereof “$125”.

Section 27. Amend Section 18-1105(a)(11), Title 6, Delaware Code, by striking the figure “$25” and substituting in lieu thereof “$50”.

Section 28. Amend Section 18-1105(a)(12), Title 6, Delaware Code, by striking the figure “$25” and substituting in lieu thereof “$60”.

Section 29. Amend Section 18-1105(b)(1), Title 6, Delaware Code, by deleting the word “For” and inserting in lieu thereof “For all services described in subsection (a) of this Section that are requested to be completed within one (1) hour on the same day as the day of the request, an additional sum of up to $1,000 and for”.

Section 30. Amend Section 18-1107(b), Title 6, Delaware Code, by striking the figure “$100” and substituting in lieu thereof “$200”.

Section 31. Amend Section 18-1107(i), Title 6, Delaware Code, by striking the last sentence thereof.

Section 32. Amend Section 3813(a)(1), Title 12, Delaware Code, by striking the figure “$50” and substituting in lieu thereof “$75”.

Section 33. Amend Section 3813(a)(2), Title 12, Delaware Code, by striking the figure “$100” and substituting in lieu thereof “$200”.

Section 34. Amend Section 3813(a)(3), Title 12, Delaware Code, by striking the figure “$10” and substituting in lieu thereof “$30”.

Section 35. Amend Section 3813(a)(4), Title 12, Delaware Code, by striking the words “$1 per page” and substituting in lieu thereof “$10 for the first page and $2 for each additional page”.

Section 36. Amend Section 3813(a), Title 12, Delaware Code, by inserting a new paragraph (6) at the end thereof, which new paragraph (6) shall read as follows:

“(6) For issuing any certificate of the Secretary of State, including but not limited to a certificate of good standing, other than a certification of a copy under paragraph (3) of this subsection, a fee in the amount of $30, except that for issuing any certificate of the Secretary of State that recites all of a statutory trust’s filings with the Secretary of State, a fee of $125 shall be paid for each such certificate.”

Section 37. Amend Section 3813(b), Title 12, Delaware Code, by renumbering paragraphs “(1)” and “(2)” to become paragraphs “(2)” and “(3)”, and by adding new paragraph (1), which new paragraph (1) shall read as follows:

“(1) For all services described in subsection (a) of this Section that are requested to completed within one (1) hour on the same day as the day of the request, an additional sum of up to $1,000 and for all services described in subsection (a) of this Section that are requested to be completed within two (2) hours on the same day as the day of the request, an additional sum of up to $500; and”

Section 38. Amend Section 3862(1), Title 12, Delaware Code, by striking the words “a fee in the amount of $50.” and substituting in lieu thereof the words “a fee in amount of $200 together with such fees for services as may be authorized pursuant to § 3813 (b) of this Title.”

Section 39. Amend Section 2311(a), Title 29, Delaware Code, by striking the words “§ 9-407 (3)-(5) of Title 6” and substituting in lieu thereof the following:

“§ 9-525(d)(3) of Title 6, §15-1207(b) of Title 6, §17-1107 (b) of Title 6, §18-1105 (b) of Title 6, §3813 (b) of Title 12 ”

Section 40. A mend Section 2311 (c), Title 29, Delaware Code, by striking the words “§ 9-407 (3)-(5) of Title 6” and substituting in lieu thereof the following:

“§ 9-525(d)(3) of Title 6, §15-1207(b) of Title 6, §17-1107 (b) of Title 6, §18-1105 (b) of Title 6, §3813 (b) of Title 12”

Section 41. Amend Section 2315, Title 29, Delaware Code, by striking the following words contained therein:

"For every impression of the Great Seal when used in commissioning public officers, except in commissioning military officers, registration officers and purely honorary officers or officers without pay……..3.00".

Section 42. Amend Section 2318, Title 29, Delaware Code, by striking such Section in its entirety and substituting in lieu thereof the following:

Ҥ 2318. Remote access to electronic files, authentications, and apostilles.

(a) The Secretary of State may, in the Secretary’s discretion, permit persons remote access to electronic files maintained by the Secretary of State, and may from time to time make, amend, alter and rescind rules and regulations governing remote access to such electronic files.

(b) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons permitted remote access to electronic files, such schedule not to exceed $20 for each fee or charge excepting persons permitted remote access to electronic files maintained by the Secretary of State pursuant to Title 6, Article IX of the Uniform Commercial Code, such schedule not to exceed $75 for each fee or charge.

(c) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons requesting authentications and/or apostilles, such schedule not to exceed $20 for each fee or charge for regular service plus an additional sum of up to (1) $40 for each service requested to be completed within a 24 hour-period from the time of the request; (2) $50 for each service to be completed within the same day of the request; and (3) $500 for each service to be completed within a 2-hour period from the time of the request. Such schedule shall provide for a maximum fee of $30 to be charged in each instance where a natural person acting on his or her own behalf requests more than one authentication and/or apostille for a non-commercial purpose, including but not limited to adoptions and custody cases.”

Section 43. Sections 12, 20 and 30 of this Act shall be effective as of January 1, 2003 and Sections 1-11, Sections 13-19, Sections 21-29, and Sections 31-42 shall take effect on August 1, 2003.

Approved June 19, 2003