2023-2024 Regular SessionDelaware Legislature

SB313: An Act To Amend Title 8 Of The Delaware Code Relating To The General Corporation Law.

Legislative Summary

Section 1. Section 1 of this Act amends § 122. New § 122(18) sets forth certain types of provisions that may be included in contracts between a corporation and its current or prospective stockholders or beneficial owners of its stock, even if those provisions are not set forth in, or referenced as a fact ascertainable in, the certificate of incorporation pursuant to § 141(a). The Court of Chancery recently observed that [t]he expansive use of stockholder agreements suggests that greater statutory guidance may be beneficial[.] West Palm Beach Firefighters Pension Fund v. Moelis & Company, 2024 WL 747180 (Del. Ch. Feb. 23, 2024) at n.272. Accordingly, new § 122(18) specifically authorizes a corporation to enter into contracts with one or more of its stockholders or beneficial owners of its stock, for such minimum consideration as approved by its board of directors, and provides a non-exclusive list of contract provisions by which a corporation may agree to:

Demographic Impact

Overall analysis of equity impact

70% Positive
Medium ConfidenceView detailed demographic breakdown ↓

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Bill History

5/23/2024
Introduced and Assigned to Judiciary Committee in Senate
6/11/2024
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
6/13/2024
Passed By Senate. Votes: 20 YES 1 ABSENT
6/13/2024
Assigned to Judiciary Committee in House
6/18/2024
Reported Out of Committee (Judiciary) in House with 5 On Its Merits, 1 Unfavorable
6/20/2024
Passed By House. Votes: 34 YES 7 NO
7/17/2024
Signed by Governor

Roll Call Votes

House Third Reading
6/20/2024
34
Yea
7
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate Third Reading
6/13/2024
20
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED