Delaware House Bill 327 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: Passed on July 15 2014 - 100% progression
Action: 2014-07-15 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This bill continues the practice of amending periodically the Delaware Limited Liability Company 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. Section 1 amends 18-104(g) of the Act to require a limited liability company, upon the written request of the limited liability company’s communications contact, to provide to such communications contact the name, business address and business telephone number of a natural person who has access to the record that contains the name and address of each member and manager of the limited liability company. Section 2. Section 2 amends 18-302(d) of the Act to confirm and clarify that unless otherwise provided in a limited liability company agreement, a person who is not then a member may consent to any matter as a member provided that such consent will only be effective at a time when such person is a member of the limited liability company. Section 3. Section 3 amends 18-305 of the Act to confirm that a member of a limited liability company may make a books and records request to the limited liability company in person or by an attorney or other agent. Section 3 also amends 18-305 of the Act by adding a new subsection 18-305(h) which provides that a limited liability company is required to maintain a current record of the name and last known address of each member and manager of the limited liability company. Section 4. Section 4 amends 18-404(d) of the Act to confirm and clarify that, unless otherwise provided in a limited liability company agreement, a person who is not then a manager may consent to any matter as a manager provided that such consent will only be effective at a time when such person is a manager of the limited liability company. Section 5. Section 5 amends 18-806 of the Act to modify and provide additional means by which a dissolution of a limited liability company may be revoked. Section 6. This section provides that the proposed amendments of the Act shall become effective August 1, 2014.

An Act To Amend Chapter 18, Title 6 Of The Delaware Code Relating To The Creation, Regulation, Operation And Dissolution Of Domestic Limited Liability Companies And The Registration And Regulation Of Foreign Limited Liability Companies.

Rep. Rebecca Walker [D]	Rep. Melanie Smith [D]	Sen. Margaret Henry [D]	Sen. Bryan Townsend [D]
Rep. Gerald Brady [D]	Rep. James Johnson [D]	Rep. John Mitchell [D]	Rep. Charles Potter [D]
Rep. Stephen Smyk [R]	Sen. David Wilson [R]	Sen. Patricia Blevins [D]	Sen. Harris McDowell [D]
Sen. Gary Simpson [R]

2014-06-26 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 1 Abs: 0) [PASS]
2014-06-10 - House - House Third Reading (Y: 36 N: 0 NV: 3 Abs: 2) [PASS]

Date	Chamber	Action
2014-07-15	House	Signed by Governor
2014-06-26	Senate	Passed by Senate. Votes: Passed 20 YES 0 NO 1 NOT VOTING 0 ABSENT 0 VACANT
2014-06-18	Senate	Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
2014-06-11	Senate	Assigned to Judiciary Committee in Senate
2014-06-10	House	Passed by House of Representatives. Votes: Passed 36 YES 0 NO 3 NOT VOTING 2 ABSENT 0 VACANT
2014-05-14	House	Reported Out of Committee (JUDICIARY) in House with 5 Favorable, 1 On Its Merits
2014-05-07	House	Introduced and Assigned to Judiciary Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis147.nsf/2bede841c6272c888025698400433a04/011b702fc30601b585257cca00711a27?OpenDocument
Text	http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+327/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis147.nsf/7712cf7cc0e9227a852568470077336f/c86ad02b5440efc585257cf3007c4cec?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis147.nsf/7712cf7cc0e9227a852568470077336f/40a48bb823699ffd85257d03006ef0b1?OpenDocument