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DelawareHB 40 w/ HA 1153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND CHAPTER 459, VOLUME 84 OF THE LAWS OF DELAWARE AND TITLES 6, 29, AND 30 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF TRADE NAMES.

Sponsored By: Krista Griffith (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Trade-name filings: penalties and fees

Beginning June 2, 2025, willfully filing a false affidavit under the trade name laws is a crime. The Division of Revenue can charge fees for certificates and other documents, and for collecting debts owed to claimant agencies. These payments are recorded as reductions in contractual services spending. The Division can also set rules to run and enforce the trade name system.

Corps and LLCs: trade-name license and $25

Beginning June 2, 2025, a corporation or LLC can choose to register a trade name that is not its legal name. You must first get a special trade name license from the Division of Revenue. Your certificate must list the trade name, legal name, date of organization, state of formation, and include an affidavit. A Delaware corporation or LLC that does not do business in Delaware may register by including a certificate of good standing. You pay a $25 filing fee, and the Division records and numbers the filing.

New trade-name registry and $25 fee

Beginning February 1, 2025, the Division of Revenue keeps trade-name filings in an online Delaware Trade Name Registry. Sole proprietors, partnerships, and associations pay a $25 fee when they file. An officer of any unincorporated association must file the names of all people involved; partnerships and LLCs are exempt. The Division numbers each certificate and records the filing date.

Sponsors & Cosponsors

Sponsor

  • Krista Griffith

    Democratic • House

Cosponsors

  • Bryan Townsend

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 58 • No: 0

Senate vote • 1/30/2025

Passed (3/5 required)

Yes: 19 • No: 0

House vote • 1/23/2025

Passed (3/5 required)

Yes: 39 • No: 0

Actions Timeline

  1. Signed by Governor

    2/7/2025Governor

  2. Passed By Senate. Votes: 19 YES 2 VACANT

    1/30/2025Senate

  3. Reported Out of Committee (Executive) in Senate with 6 On Its Merits

    1/29/2025Senate

  4. Assigned to Executive Committee in Senate

    1/23/2025Senate

  5. Passed By House. Votes: 39 YES 2 ABSENT

    1/23/2025House

  6. Amendment HA 1 to HB 40 - Passed In House by Voice Vote

    1/23/2025House

  7. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 10 On Its Merits

    1/22/2025House

  8. Amendment HA 1 to HB 40 - Introduced and Placed With Bill

    1/16/2025House

  9. Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

    1/9/2025House

Bill Text

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