Delaware House Bill 339 (Prior Session Legislation)

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Completed Legislative Action
June 25 2012 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This bill continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the "Act") to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1 amends 15-104(b) of the Act to provide that obligations between or among partners arising under a partnership agreement or other writing are not subject to the defense of usury. Section 2 amends 15-105(d) of the Act by clarifying that the designation “Limited Liability Partnership”, “L.L.P.” or “LLP” must be removed from the name of a partnership that cancels its statement of qualification and remains a domestic partnership in the State of Delaware if it has a statement of partnership existence on file. Section 3 amends 15-108 of the Act to confirm the practice of restricting the use of the word “bank” or any variation thereof in the name of a partnership. Section 4 amends 15-901(c)(2) of the Act by adding a new requirement to provide the type of business entity converting to a Delaware partnership. Section 5 amends 15-902(c)(1) of the Act by adding a new requirement to provide the type of business entity involved in a merger or consolidation. Sections 6, 7, 8 and 9 amend 15-904 of the Act to clarify filing requirements in connection with a domestication as a limited liability partnership. Section 10 amends 15-905(b)(7) of the Act to clarify that the address provided for service of process may not be that of the partnership’s registered agent without the written consent of such registered agent. Section 11 amends 15-1003(a)(1) of the Act to clarify the time for determining the number of partners stated in an annual report. This amendment is not intended to require any revision to annual reports filed before the effective date of this amendment. Section 12 provides that the proposed amendments of the Act shall become effective August 1, 2012.

An Act To Amend Title 6 Of The Delaware Code Relating To The Creation, Regulation, Operation And Dissolution Of Domestic Partnerships And The Registration And Regulation Of Foreign Limited Liability Partnerships.

Rep Carson	Rep Willis	Rep Walker	Sen Simpson
Rep Lee	Sen Blevins	Sen McDowell	Rep Wilson
Rep D.P. Williams	Sen Henry	Sen Sorenson	Sen DeLuca
Rep Hudson	Rep Mitchell	Rep J. Johnson	Rep M. Smith

2012-06-19 - Senate Third Reading (Y: 17 N: 0 NV: 0) [PASS]
2012-05-17 - House Third Reading (Y: 37 N: 0 NV: 0) [PASS]

Date	Chamber	Action
2012-06-25		Signed by Governor
2012-06-19		Passed by Senate. Votes: Passed 17 YES 0 NO 0 NOT VOTING 4 ABSENT 0 VACANT
2012-06-13		Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
2012-05-23		Assigned to Judiciary Committee in Senate
2012-05-17		Passed by House of Representatives. Votes: Passed 37 YES 0 NO 0 NOT VOTING 4 ABSENT 0 VACANT
2012-05-16		Reported Out of Committee (JUDICIARY) in House with 8 On Its Merits
2012-05-10		Introduced and Assigned to Judiciary Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/ed7e25c8edbbd8a0852579f90079f6ae?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+339/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/15ccad2a9fd90b9985257a0100764516?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/006c218a0f1c151885257a2200666cc7?OpenDocument