CHAPTER 225

FORMERLY

HOUSE BILL NO. 330

AS AMENDED BY

HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX.

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 § 5401(7)a., Chapter 54, Title 30 of the Delaware Code, by inserting after the words “series of conveyances of intangible interests” as the same appears therein the following: “including mergers and all other indirect exchanges,”.

Section 2. Amend § 5401(7)a., Chapter 54, Title 30 of the Delaware Code, by striking the words “corporation, partnership or trust,” as the same appear therein and by inserting in lieu thereof the following: “corporation, limited liability company, partnership, trust, pass-through entity or other entity,”.

Section 3. Amend § 5401(7)c, Title 30 of the Delaware Code, by striking the words “corporation, partnership or trust,” as the same appears therein and by inserting in lieu thereof the following:

“corporation, limited liability company, partnership, trust, pass-through entity or other entity,”.

Section 4. This Bill shall be effective for all agreements to merge and other indirect dealings in intangible interests subject to formal written agreements entered into on or after the date of enactment.

Section 5. Amend § 5401(7)b., Title 30 of the Delaware Code, by inserting the phrase “or limited liability membership interest,” between the words “pledge of stock” and “or partnership interests as loan".

Section 6. Amend § 5401(7)b., Title 30 of the Delaware Code, by inserting the phrase “publicly traded limited liability company member interest” between the words “transfer of publicly traded stock;” and “or publicly traded partnership interest".

Section 7. Amend § 5401(7)a., Title 30 of the Delaware Code, by inserting the words “in this State” immediately after the phrase “beneficial ownership in real estate” and before the phrase “is transferred” as they appear therein.

Approved January 26, 2006