65 to 83 inclusive of this Chapter, and the collection of the taxes due from proclaimed corporations, and corporations whose charter has become void by operation of law for non-payment of taxes thereunder. Such special deputy or deputies shall have all the powers and authorities which the Attorney General has under the provisions of said Sections. Such appointees of the Attorney General shall receive as compensation for their services thirty-three and one-third per centum of the amount of taxes collected by them. SEC. 80. Mistakes in Proclamation; How Corrected:Whenever it is established to the satisfaction of the Governor that any corporation named in said proclamation has not neglected or refused to pay said tax within two consecutive years, or has been inadvertently reported to the Governor by the State Treasurer as refusing or neglecting to pay the same as aforesaid, the Governor is authorized to correct such mistake, and to make the same known by filing his proclamation to that effect in the office of the Secretary of State. SEC. 81. Restoration of Charters; How Procured; Effect of:-If the charter of any corporation created after the tenth day of March A. D. 1899, shall become inoperative or void by proclamation of the Governor, or by operation of law, for nonpayment of taxes, the Governor by and with the advice of the Attorney General may, at any time within two years thereafter, or after the default in the payment of such taxes, upon payment by said corporation to the Secretary of State of such sum in lieu of taxes and penalties as to them may seem reasonable, but in no case to be less than the fees required as upon the filing of the original Certificate of Incorporation, permit such corporation to be reinstated and entitled to all its franchises and privileges, and upon such payment as aforesaid the Secretary of State shall issue his certificate entitling such corporation to continue its said business and its said franchises. In all cases in which the charter of any corporation created after the tenth day of March A. D. 1899, has become inoperative or void by proclamation of the Governor or by operation of law for non-payment of taxes, and such corporation has been reinstated and entitled to all its franchises and privileges, such reinstatement shall validate all contracts, acts, matters and things made, done and performed within the scope of its charter by such corporation, its officers and agents, during the time when such charter was inoperative or void, with the same force and effect and to all intents and purposes as if said charter had at all times remained in full force and effect; and all real and personal property, rights and credits which were of said corporation at the time its charter became inoperative or void, and which were not disposed of prior to the time of such reinstatement, shall be vested in such corporation, after such reinstatement, as fully and amply as they were held by said corporation at and before the time its charter became inoperative or void; and said corporation after such reinstatement shall be as exclusively liable for all contracts, acts, matters and things made, done or performed in its name and on its behalf by its officers and agents prior to such reinstatement, as if its charter had at all times remained in full force and effect. Nothing in this Section contained shall relieve said corporation from penalty of forfeiture of franchises in case of failure to pay future taxes imposed as in sections 65 to 83 inclusive of this Chapter provided. SEC. 82. Review of Assessment; Proceedings for; Limitation of: The officers of any corporation who shall consider the tax levied under the provisions of Sections 65 to 83 inclusive of this Chapter, excessive or otherwise unjust, may make application to the Governor for a review of the assessment and a readjustment of the tax; provided, there be filed with the Governor within three months from the date of assessment a petition of appeal, duly verified according to law, stating specifically the grounds upon which the appeal is taken and the reasons why the tax is considered excessive or unjust; the Governor shall thereupon proceed to investigate the contentions raised by the said petition of appeal; and for the purpose of such hearing, the officers of said corporation may be summoned to appear before the Governor, either in person or by attorney, and ques tioned as to the statements set forth in the said petition of appeal; if, in the opinion of the Governor it shall appear that the tax so levied as aforesaid is excessive or unjust, he shall thereupon require the officers of the corporation to file with him a corrected return, and upon said corrected return the assessment shall be adjusted and the tax reduced or amended as in the opinion of the Governor shall deem proper. If the petition of appeal shall not be filed within three months from the date of the assessment, as aforesaid, the right to appeal to the Governor shall be considered and treated as having been waived and the amount of tax levied shall be payable and collectible at once. SEC. 83. Exemptions from Franchise Tax:-The provisions of Sections 65 to 82 inclusive of this Chapter shall not apply to corporations incorporated prior to March 10th, 1899, and the property of such corporations is made exempt from taxation under said sections, such exemption, in the opinion of the General Assembly, being best to promote the public welfare. The Secretary of State shall certify and report, as provided for in 106, Section 69, of said Article 8 of Chapter 6, of the Revised Code, to the Tax Department instead of the State Treasurer as in said Section provided, and the Tax Department, upon its organization, shall have all the powers vested in the State Treasurer and be charged with all his duties provided in said Article 8, of said Chapter 6, of the Revised Code. OFFICE OF SECRETARY OF STATE. Dover, Delaware, April 9, 1925. I, Wm. G. Taylor, Secretary of State of the State of Delaware, do hereby certify that the laws hereinbefore printed, being the General Corporation Laws of this State, as found in Chapter 65, of the Revised Statutes of 1915, and as amended and approved March 8, A. D. 1915, and further amended and approved March 20, and April 9, A. D. 1917, and further amended and approved April 2, A. D. 1919, and further amended and approved March 14, 19 and 20 A. D. 1923, and further amended and approved April 2, A. D. 1925, together with the Annual Franchise Tax Law, as found in Chapter 6, Sections 65 and 83, inclusive, of the Revised Statutes of 1915, and as amended and approved March 8, A. D. 1915, and further amended and approved March 29, A. D. 1921, are true and correct copies of said laws, as amended, now on file in this office. Said laws being published by me by authority of a House Joint Resolution, approved April 9, A. D. 1925. WM. G. TAYLOR, Secretary of State. APPENDIX. State taxes required to be paid to the Secretary of State, on filing any certificate or other paper relating to corporations. CERTIFICATE OF INCORPORATION. For each $1,000 of the total capital stock authorized.....$ For each $1,000 of the total capital stock authorized, above $2,000,000.. In no case less than... CERTIFICATE OF INCREASE. .10 .05 10.00 .05 And for each $1,000 of increase of capital stock, additional For each $1,000 of increase of capital above $,2000,000 $ CERTIFICATE OR AGREEMENT OF CONSOLIDATION OR MERGER For each $1,000 of capital stock of new company, over and above the total capital stock of the companies so consolidated or merged up to $2,000,000.. .$ No case less than.. OTHER STATE FEES. .10 .$ 20.00 $ 0.05 For each $1,000 above $2,000,000. Certificate of Dissolution (including the filing of all papers and issuing certificate under hand and seal of office) $ 19.00 To publication of Certificate of Dissolution as required by Sec. 39.. 3.50 Change of name, amended certificate of organization, decrease of capital stock and increase or decrease of number of shares.. 10.00 For receiving, filing and indexing any paper provided by law to be filed with him.. 2.00 No certified copy of Certificate of Incorporation less than $4.50. |