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DE SB302

Bill

Status

Passed

7/15/2010

Primary Sponsor

Bryon Short

Click for details

Origin

Senate

145th General Assembly

AI Summary

  • Amends Delaware's Statutory Trust Act to expand the definition of entities and trusts that can be parties to statutory trust transactions, including common law trusts, business trusts, voting trusts, and other trust forms.

  • Clarifies that statutory trusts may establish designated series with separate assets, trustees, and beneficial interests, and allows pools of assets to constitute series under the Act.

  • Permits service of process upon the Secretary of State by electronic transmission and authorizes the Secretary of State to establish rules for such service, with notification by mail or courier service including delivery confirmation.

  • Allows governing instruments to prohibit a statutory trust from merging, consolidating, converting, transferring, domesticating, or continuing, and clarifies that non-surviving entities in mergers are not required to dissolve or wind up affairs.

  • Requires foreign statutory trusts registering in Delaware to provide current good standing certificates from their formation jurisdiction and to disclose whether they are organized in series and whether inter-series liability is limited.

  • Effective August 1, 2010.

Legislative Description

An Act To Amend Title 12 Of The Delaware Code Relating To Statutory Trusts.

Last Action

Signed by Governor

7/15/2010

Committee Referrals

Economic Development/Banking/Insurance/Commerce6/25/2010
Banking6/17/2010

Full Bill Text

No bill text available