Bill Text: DE HB368 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Chapter 15, 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.
Spectrum: Slight Partisan Bill (Democrat 9-4)
Status: (Passed) 2016-06-22 - Signed by Governor [HB368 Detail]
Download: Delaware-2015-HB368-Draft.html
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SPONSOR: |
Rep. M. Smith & Rep. Lynn & Sen. Henry & Sen. Townsend |
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Reps. Brady, J. Johnson, Keeley, Mitchell, B. Short, Spiegelman; Sens. Cloutier, Lavelle |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 368 |
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AN ACT TO AMEND CHAPTER 15, 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. |
Section 1. Amend §15-407(d), Chapter 15, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§15-407. Classes and voting.
(d) Meetings of partners may be held by means of
conference telephone or other communications equipment by means of which all
persons participating in the meeting can hear each other, and participation in
a meeting pursuant to this subsection shall constitute presence in person at
the meeting. On any matter that is to be voted on, consented to or approved by
partners, the partners may take such action without a meeting, without prior
notice and without a vote if consented to or approved, in writing or, by electronic transmission or by any
other means permitted by law, by partners having
not less than the minimum number of votes that would be necessary to authorize
or take such action at a meeting at which all partners entitled to vote thereon
were present and voted. If a person (whether or not then a partner) consenting
as a partner to any matter provides that such consent will be effective at a
future time (including a time determined upon the happening of an event), then
such person shall be deemed to have consented as a partner at such future time
so long as such person is then a partner. On any matter that is to be voted on
by partners, the partners may vote in person or by proxy, and such proxy may be
granted in writing, by means of electronic transmission or as otherwise
permitted by applicable law. A consent transmitted by electronic transmission
by a partner or by a person or persons authorized to act for a partner shall be
deemed to be written and signed for purposes of this subsection (d). For
purposes of this subsection (d), the term "electronic transmission'' means
any form of communication not directly involving the physical transmission of
paper that creates a record that may be retained, retrieved and reviewed by a
recipient thereof and that may be directly reproduced in paper form by such a
recipient through an automated process.
Section 2. This Act shall become effective August 1, 2016.
SYNOPSIS
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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. This section amends §15-407(d) of the Act to confirm that the provisions of that subsection are intended to be enabling and are not intended to restrict the way in which partners may vote on, consent to or approve any matter. Section 2. This section provides that the proposed amendments of the Act shall become effective August 1, 2016. |
