AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
Do you support it?
Want to know if it passes?
We'll email you when SB 113 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on SB 113.
You're tracking SB 113
We'll email you the moment it moves.
SB 113 — AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed House
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced April 21, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
11 sponsors
3 primary, 8 co-sponsors signed on.
-
Bipartisan support
Sponsored across 2 parties (6 D · 1 R) — cross-party backing.
-
Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Section 1 of the Act amends § 160(c) to clarify that shares of a corporation's capital stock held by any other entity (whether a corporation or non-corporate entity) are not entitled to be either voted or counted for quorum purposes if the corporation directly or indirectly holds a majority of such other entity's voting power entitled to vote generally in the election of, or is otherwise entitled to appoint or act as, the governing body of such entity. This amendment to § 160(c) should not be construed to create any negative implication with respect to the inclusion or exclusion of non-corporate entities in connection with any other section of the DGCL. Section 2 of this Act provides that the effective date for Section 1 of this Act is to be August 1, 2021.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill clarifies the voting rights of shares owned by a corporation or controlled entities regarding quorum counts.
-
§ 160, Chapter 1, Title 8 of the Delaware Code
a corporation’s capital stock belonging to shall neither be entitled to vote nor be counted for quorum purposes if such shares belong to (i) the corporation or to, (ii) another corporation, if a majority of the shares entitled to vote in the election of directors of such other corporation is held, directly or indirectly, by the corporation, shall neither be entitled to vote nor be counted for quorum purposes. or (iii) any other entity, if a majority of the voting power of such other entity is held, directly or indirectly, by the corporation or if such other entity is otherwise controlled, directly or indirectly, by the corporation.→ a corporation’s capital stock shall neither be entitled to vote nor be counted for quorum purposes if such shares belong to (i) the corporation, (ii) another corporation, if a majority of the shares entitled to vote in the election of directors of such other corporation is held, directly or indirectly, by the corporation, or (iii) any other entity, if a majority of the voting power of such other entity is held, directly or indirectly, by the corporation or if such other entity is otherwise controlled, directly or indirectly, by the corporation.It specifies that shares held by other entities controlled by the corporation cannot be voted or counted for quorum.
Action History
-
Signed by Governor
-
Passed By House. Votes: 40 YES 1 ABSENT
-
Suspension of Rules in House
-
Reported Out of Committee (Judiciary) in House with 1 Favorable, 7 On Its Merits
-
Assigned to Judiciary Committee in House
-
Passed By Senate. Votes: 21 YES
-
Reported Out of Committee (Judiciary) in Senate with 4 Favorable, 1 On Its Merits
-
Introduced and Assigned to Judiciary Committee in Senate
Sponsors
- Darius J. Brown · Primary
- Brian Pettyjohn · Cosponsor
- Gerald L. Brady · Cosponsor
- William Bush · Cosponsor
- Krista Griffith · Cosponsor
- Bryan Townsend · Primary
- Sean M. Lynn · Primary
- Stephanie L. Hansen · Cosponsor
- Kyle Evans Gay · Cosponsor
- John L. Mitchell · Cosponsor
- Sarah McBride · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 8 co-sponsors · 51 not signed on
Sponsors (3)
- Darius J. Brown Democratic
- Bryan Townsend Democratic
- Sean M. Lynn Democratic
Co-sponsors (8)
- Brian Pettyjohn Republican
- Gerald L. Brady
- William Bush Democratic
- Krista Griffith Democratic
- Stephanie L. Hansen Democratic
- Kyle Evans Gay
- John L. Mitchell
- Sarah McBride
Not signed on (51)
51 members have not signed on to this bill.
Show all 51 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 1 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Yea |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 113 do?
- Section 1 of the Act amends § 160(c) to clarify that shares of a corporation's capital stock held by any other entity (whether a corporation or non-corporate entity) are not entitled to be either voted or counted for quorum purposes if the corporation directly or indirectly holds a majority of such other entity's voting power entitled to vote generally in the election of, or is otherwise entitled to appoint or act as, the governing body of such entity. This amendment to § 160(c) should not be construed to create any negative implication with respect to the inclusion or exclusion of non-corporate entities in connection with any other section of the DGCL. Section 2 of this Act provides that the effective date for Section 1 of this Act is to be August 1, 2021.
- Who sponsors SB 113?
- SB 113 is sponsored by Darius J. Brown (Democratic), Brian Pettyjohn (Republican), Gerald L. Brady, William Bush (Democratic), Krista Griffith (Democratic), Bryan Townsend (Democratic), Sean M. Lynn (Democratic), Stephanie L. Hansen (Democratic), Kyle Evans Gay, John L. Mitchell, and Sarah McBride.
- What is the current status of SB 113?
- This bill has been enacted into law. Introduced April 21, 2021. Enacted.
- Where can I track SB 113?
- Track SB 113 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 113
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 113
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →