Delaware 2023-2024 Regular Session

Delaware Senate Bill SB113

Introduced
5/4/23  
Introduced
5/4/23  
Engrossed
5/16/23  
Refer
5/4/23  
Refer
5/17/23  
Engrossed
5/16/23  
Refer
5/18/23  
Refer
5/17/23  
Enrolled
6/27/23  
Refer
5/18/23  
Passed
7/17/23  
Enrolled
6/27/23  

Caption

An Act To Amend 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.

Impact

The bill's provisions are designed to maintain and improve the framework governing LLCs within Delaware, ensuring that it aligns with contemporary business practices. Notable amendments include updates to the processes for merging, consolidating, and dissolving LLCs, as well as stipulations allowing easier revocation of dissolution—a significant change that showcases an adaptive regulatory environment. By doing so, SB113 will likely enhance operational stability for local businesses, increase compliance efficiency, and attract more foreign entities aspiring to operate in the state.

Summary

Senate Bill 113 is an act intended to amend Title 6 of the Delaware Code, specifically addressing the creation, regulation, operation, and dissolution of domestic limited liability companies (LLCs) as well as the registration of foreign limited liability companies. Through a series of amendments, the bill aims to enhance the clarity and efficiency of LLC regulations, thereby reinforcing Delaware's position as a favorable jurisdiction for business incorporation. The modifications include specific protocols for executing certificates tied to LLC formation and an emphasis on precise execution in compliance with state law.

Sentiment

The general sentiment around SB113 appears to be positive among lawmakers and business advocates, as it reinforces Delaware's prominent status as a business-friendly state. Supporters emphasize that the bill will simplify administrative processes for LLCs, making it easier for businesses to navigate legal requirements. However, there are underlying concerns regarding the potential complexities that may arise from managing multiple amendments and their implications for smaller businesses that might lack the resources to adapt quickly.

Contention

While the bill is mainly aimed at refining existing laws, concerns may arise from specific provisions that could lead to differing interpretations or complications, especially regarding the execution and amendment of LLC agreements. Additionally, questions about transparency and the implications of foreign entity registrations could lead to discussions among stakeholders. Nonetheless, the overwhelming support for the bill during voting indicates a strong legislative consensus on its necessity and benefits.

Companion Bills

No companion bills found.

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