Delaware Senate Bill 77 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: Passed on June 24 2015 - 100% progression
Action: 2015-06-24 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This bill continues the practice of amending periodically the Delaware Revised Uniform Limited 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. Sections 1, 3, 4, 5, 6, 7, 8, 11, 12 and 13. These sections amend 17-204(a)(3), 17-211(b), 17-214(a), 17-216(b), 17-218(k), 17-218(l), 17-219(b), 17-801, 17-803(a) and 17-806 of the Act to delete the default requirement for a class or group vote in connection with certificates of cancellation, mergers and consolidations, conversions to a limited liability limited partnership, transfers or continuances, termination and winding up of series, conversions, the dissolution and winding up of a limited partnership and the revocation of dissolution. A limited partnership whose original certificate of limited partnership was filed with the Secretary of State and effective on or prior to July 31, 2015, however, shall continue to be governed by the default requirements for a class or group vote as in effect on July 31, 2015 (other than those in Sections 17-204(a)(3), 17-214(a), and 17-806), unless otherwise provided in its partnership agreement. Section 2. This section amends 17-204(c) of the Act to confirm that the provisions of that section relating to a power of attorney also apply to a proxy. Section 9. This section amends 17-403(c) of the Act to confirm that unless otherwise provided in a partnership agreement, a delegation of rights and powers is irrevocable if it states that it is irrevocable. Section 10. This section amends 17-603 to delete surplus language and does not change the effect of that section. Section 14. This section amends 17-1107(a)(5) of the Act to confirm that in exchange for the fees described the Secretary of State may issue public records in the form of photocopies or electronic image copies and need not provide public records in any other form. Section 15. This section amends the proposed amendments of the Act shall become effective August 1, 2015, except that the amendment to Section 17-1107(a)(5) shall be effective upon its enactment into law.

An Act To Amend Chapter 17, Title 6 Of The Delaware Code Relating To The Creation, Regulation, Operation And Dissolution Of Domestic Limited Partnerships And The Registration And Regulation Of Foreign Limited Partnerships.

Sen. Bryan Townsend [D]	Sen. Margaret Henry [D]	Rep. John Mitchell [D]	Rep. Melanie Smith [D]
Rep. Sean Lynn [D]	Sen. Patricia Blevins [D]	Sen. Gregory Lavelle [R]	Sen. Harris McDowell [D]
Rep. Gerald Brady [D]	Rep. James Johnson [D]	Sen. Charles Paradee [D]	Rep. Stephen Smyk [R]
Rep. Jeffrey Spiegelman [R]	Sen. David Wilson [R]	Rep. Sean Matthews [D]	Rep. Charles Potter [D]
Rep. Michael Ramone [R]

2015-06-18 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]

Date	Chamber	Action
2015-06-24	Senate	Signed by Governor
2015-06-18	House	Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2015-06-03	House	Reported Out of Committee (JUDICIARY) in House with 11 On Its Merits
2015-05-13	House	Introduced and Assigned to Judiciary Committee in House
2015-05-12	Senate	Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2015-05-06	Senate	Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
2015-04-29	Senate	Assigned to Judiciary Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/d943b99f2eb2ecd985257e2f0064db12?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/SB+77/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis148.nsf/7712cf7cc0e9227a852568470077336f/9e9fe4b07a1198bf85257e68007a3db3?OpenDocument