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DE HB364

Bill

Status

Passed

7/23/2014

Primary Sponsor

Bryon Short

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Clarifies that usury defense does not apply to obligations of beneficial owners or trustees owed to other beneficial owners or trustees under the governing instrument or written agreement.

  • Allows governing instruments to specify a threshold number or percentage of trustees required to approve actions, with majority vote as the default when silent.

  • Permits persons to consent to matters as beneficial owners or trustees before becoming beneficial owners or trustees, with consent effective only upon achieving that status.

  • Allows rights, securities, or interests in constituent business entities to remain outstanding during mergers, consolidations, conversions, domestications, and transfers to other jurisdictions.

  • Restricts use of the word "bank" in statutory trust names, except for actual banks regulated by the State Bank Commissioner or entities under federal banking laws.

Legislative Description

An Act To Amend Chapter 38, Title 12 Of The Delaware Code Relating To The Creation, Regulation, Operation And Dissolution Of Domestic Statutory Trusts.

Last Action

Signed by Governor

7/23/2014

Committee Referrals

Judiciary6/19/2014
Economic Development/Banking/Insurance/Commerce5/29/2014

Full Bill Text

No bill text available