On Feb. 7, DEL LEG enacted bill re the registration of trade names.
DEL LEG enacted Bill HB 40 related to the trade license and trade name registration.
Amends Chapter 459 enacted through SB 291 re online registrations, see #217865.
Made registrations fully online, codified existing registration practices for Corps, LLCs.
Document dated Feb. 7, 2025, was received on Mar. 6 due to a fixed feed.
Online Trade Registration
Added $25 annual license fee for corporations, LLCs not doing business in Delaware.
Also amended Delaware code Chapter 31, Title 6 (DEL LEG 6-31) to establish the Delaware Trade Name Registry, which reflects name, filing information, formation data.
No unincorporated association of persons can transact business in the State, unless individual names of all concerned is first certified and filed with Division of Revenue.
Corporation or limited liability company transacting business within the limits of DEL that does not disclose the legal name, must disclose formation data and affidavit.
Division of Revenue must also consecutively number filing certificate, date of filing, and electronically record the filed certificates in the Delaware Trade Name Registry.
Division of Revenue must also collect from the person filing the certificate a fee of $25.
Amended Chapter 83, Title 29 of Delaware code, DEL LEG 29-83-8305 to require payment of fees for issuance of certificates or document reflecting the status of taxes.
DEL LEG 30-23-2306 requires trade name registration under DEL LEG 6-31-3108(b) to acquire a special trade license at annual cost of $25, expiring Dec. 31 of year issued.
Lost or stolen license certificates may be replaced for unexpired terms for $15.
Entities can also renew their licenses for 3 years for a fee of 3 times the annual fee.
Legislative History
On Jan. 9, 2025, bill introduced in House; on Jan. 23, 2025, bill was passed in House.
On Jan. 23, 2025, bill delivered to Senate; on Jan. 30, 2025, bill passed in Senate.
On Feb. 7, 2025, bill was approved by Governor, and has different effectiveness dates.
Act Effectiveness
Section 1 takes effect upon enactment, Sections 2 through 4 take effect Jun. 2, 2025.
Regulators
DEL LEG
Entity Types
CNSM; Corp
Reference
Bill HB40, 2/7/2025; Citation: *DEL LEG* 6-31, 29-83-8305, 30-23-2306, 6-31-3108;
Functions
Compliance; Legal; Record Retention; Registration/Licensing; Tax
