Bill Text: DE HB19 | 2013-2014 | 147th General Assembly | Draft

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Bill Title: An Act To Amend Title 6 Of The Delaware Code Relating To The Partnership And Association Docket Fee For Filing Certificate.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2013-03-14 - Stricken [HB19 Detail]

Download: Delaware-2013-HB19-Draft.html

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SPONSOR:	Rep. Viola & Rep. Walker & Sen. Henry
	Reps. Baumbach, Hudson, Q. Johnson, Osienski

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 19

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PARTNERSHIP AND ASSOCIATION DOCKET FEE FOR FILING CERTIFICATE.

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 §3103, Title 6 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

6 Del. C. §3103. Partnership and association docket; duty of Prothonotaries; fee for filing certificate.

The Prothonotary of each county shall number the certificates when filed, consecutively, and endorse thereon the date of filing, and enter and record in a book which the Prothonotary shall procure for that purpose, which is named "Partnership and Association Docket," the trade name and title of the person, firm or association, the date of the filing of the certificate, the date of the formation or change in the formation of the firm or association, and the number thereof. For the filing and making of entries, the Prothonotary shall receive from the person filing the certificate a fee of $5 as set forth in the Superior Court Civil Rules, to be disposed of in the same manner as other fees which are by law payable to the Prothonotary.

SYNOPSIS

This bill modifies the Prothonotary's fee for filing a certification registering a trade name to make it consistent with the fee as set forth in Superior Court Civil Rule 77(h)F which is currently $25.00. The fee of $5.00 was set in 1980. In addition, this bill deletes the reference to recording the filing of the certificate in a "book." The filing of a trade name or fictitious name certificate is docketed and recorded in a database.