Delaware Senate Bill SB291

Delaware 2023-2024 Regular Session

• Introduced: 5/8/24
• Engrossed: 5/21/24
• Refer: 5/8/24
• Refer: 5/22/24
• Enrolled: 6/30/24
• Passed: 9/30/24

Caption

An Act To Amend Title 6 Of The Delaware Code Relating To The Registration Of Trade Names, Partnerships And Associations In The Superior Court.

Impact

The bill is likely to streamline the registration process, making it easier for business entities to comply with legal requirements for using a trade name. By centralizing this task under the Division of Revenue, proponents argue that it will simplify the filing process and reduce the duplication of efforts that exists under the current system where multiple prothonotaries are involved. This transition is anticipated to support local businesses by aligning fees and processes consistently across the state, with a new filing fee of $25 being established to match what is currently charged by the Superior Court.

Summary

Senate Bill No. 291 aims to amend Title 6 of the Delaware Code concerning the registration of trade names, sole proprietorships, partnerships, and associations within the state. The bill seeks to transfer the responsibility of registering trade names from the Superior Court prothonotaries to the Division of Revenue. This legislative change is expected to modernize the registration process for businesses by facilitating electronic filing, thereby enhancing operational efficiency and reducing bureaucratic hurdles for entrepreneurs in Delaware.

Sentiment

The sentiment surrounding SB291 appears to be generally supportive among business groups, noting the importance of modernizing registration systems to facilitate commerce in the state. Stakeholders suggest that this bill would not only make initial registrations easier, but also improve updates and changes to business status. However, discussions could reveal dissenting opinions regarding the potential costs associated with transitioning to a new system, as well as concerns over the electronic processes and their reliability.

Contention

A notable point of contention regarding the bill could center on the transition towards electronic filing, which may impose challenges for small business owners who might be less familiar with digital systems. Concerns over data management and privacy issues in electronic record-keeping may emerge during discussions. Furthermore, while the objective of simplifying the trade name registration could garner broad consensus, some legislative members may express concerns that a centralized authority might overlook unique regional business needs or complexities.