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HB 400

AN ACT TO AMEND TITLE 5, TITLE 6, TITLE 8, TITLE 12, AND TITLE 29 OF THE DELAWARE CODE RELATING TO FEES AND TAXES ADMINISTERED BY THE SECRETARY OF STATE.

153rd General Assembly (2025-2026) Introduced by Kerri Harris and 6 co-sponsors

HB 400 raises annual taxes for various Delaware entity types and increases filing/service fees, while adding new expedited processing options.

Signed by Governor
0
WeVote Research Nonpartisan
Bill Summary · HB 400

Summary of HB 400 (Session 153, Delaware)

Purpose and intent

HB 400 amends Titles 5, 6, 8, 12, and 29 of the Delaware Code to modify the fees and taxes administered by the Secretary of State, particularly through the Division of Corporations. The bill seeks to update and increase several annual taxes for alternative entity types and to raise various miscellaneous filing and service fees. It also introduces new expedited service options for certain services. Revenue from these changes is fungible within the state’s budgeting framework, with designated deposits to the General Fund and other state funds.

Key provisions and changes

Alternative Entity Annual Tax (increases)

  • General Partnership (GP): from $300 to $400
  • Limited Liability Company (LLC): from $300 to $400
  • Limited Partnership (LP): from $300 to $400
  • Registered Series of LLC/LP: from $75 to $100
  • Limited Liability Partnership (LLP) / Limited Liability Limited Partnership (LLLP): from $200 per partner to $300 per partner
    • Maximum cap for LLLP remains at $180,000

Miscellaneous Fees (increases)

  • Bank or Trust Company: from $28.75 to $300
  • Additional Certified Copy (requested by and supplied to the corporation): from $5.75 to $50
  • Delaware Workers Cooperative Act
    • Filing Fee: from $100 to $200
    • Certified Copy, 1 page: from $20 to $50
    • Certified Copy, each additional page: from $1 to $2
    • Non-Certified Copy, 1 page: from $5 to $10
    • Non-Certified Copy, each additional page: from $1 to $2
    • Service of Process (all entities): from $50 to $100
    • Preclearance (all entities): from $250 to $350
    • Report Fees: from Up to $100 to Up to $200
    • Trademark/Service Mark
    • Application: from $25 to $100
    • Registration Issued: from $10 to $50
    • Short Form Dissolutions: from $10 to $50
    • Foreign Corporation
    • Annual Report Filing Fee: from $125 to $250
    • Annual Report Penalty: from $125 to $200
    • Validation Preclearance: from $250 to $1,500
    • Designation or appointment of resident agent: new fee of $50 (not otherwise specified by statute)

Expedited Services (new and adjusted)

  • Introduction of expedited service options for Banks and Trademark/Service Marks
    • Current expedited period: 24 hours (existing) with placeholder prior range
    • Proposed: Up to $300 for 24-hour expedited processing (for Banks and Trademark/Service Marks)
  • General expedited fee schedules (examples)
    • 24 Hour: currently Up to $100, proposed Up to $300
    • Same Day: currently Up to $200, proposed Up to $500
    • 2 Hours: currently Up to $500, proposed Up to $1,500
    • 1 Hour: currently Up to $1,000, proposed Up to $2,500
    • Global and Emergency Filing Services: currently Up to $7,500, proposed Up to $10,000
  • Note: The Department of State anticipates that expedited service demand and corresponding revenue are uncertain; the act enables price flexibility in the future to reflect service costs and market needs.

Affected entities and scope

  • Primary: Delaware Department of State, Division of Corporations
  • Affected parties include:
    • Businesses organized as general partnerships, LLCs, LPs, LLPs/LLLPs, and registered series entities
    • Banks and trust companies
    • Delaware Workers Cooperative Act participants
    • Foreign corporations filing annual reports and related filings
    • Entities requiring service of process, preclearance, and official copies (certified/non-certified)

Fiscal and procedural notes

  • Revenue impact:
    • The bill projects increased General Fund (GF) revenue from the higher annual taxes on alternative entities and from miscellaneous fees.
    • The GF revenue is estimated as:
    • FY 2027: $142,116,000
    • FY 2028: $142,116,000
    • FY 2029: $142,116,000
  • Expedited service revenue is not quantified in the fee impact statement and is not included in the base revenue estimates.
  • Revenue usage:
    • General Fund revenues from alternative entity taxes and miscellaneous fees are deposited into the GF.
    • Revenue from expedited services is deposited into Appropriated Special Fund accounts at the Department of State to fund ongoing Division of Corporations operations and technology needs.

Timeline and status

  • Introduced: April 9, 2026
  • Assigned to Administration Committee (House)
  • Reported Out of Committee (Administration) with 3 On Its Merits: April 15, 2026
  • Sponsor/Co-sponsors: Representative Harris (primary) with a slate of co-sponsors

Summary assessment

HB 400 is a comprehensive fee modernization act that increases annual taxes for various entity types and raises numerous miscellaneous filing and service fees administered by the Delaware Secretary of State, Division of Corporations. It also adds new expedited service options and designates revenue use for government operations and technology needs. The bill aims to align fees with contemporary costs of service and market demand, while expanding the state’s ability to monetize expedited processing in the future.

Compiled from official sources — confirm details with the bill’s official record.

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