Delaware corporate expiry prevention
Summary of steps and guidance to prevent Delaware corporate expiry:1. Know and track Delaware filing deadlines: - Domestic corporations: file Annual Report and pay Franchise Tax by March 1 each year. - Foreign corporations: file Annual Report by June 30 each year (filing fee $125; $125 penalty if late). - Domestic and foreign LLCs/LPs/GPs: pay annual tax of $300 by June 1 each year (no annual report required). Failure to pay: $200 penalty plus 1.5% monthly interest.2. Maintain a Delaware registered agent with a physical Delaware address and ensure agent contact information is current; registered agent notices typically are mailed in December.3. Keep corporate records current and file formal termination documents (Certificate of Dissolution, Merger, Conversion) to stop accrual of taxes if closing the entity taxes continue to accrue until state receives termination filings.4. Respond to state notices promptly; administrative dissolution follows failure to file/pay, and reinstatement requires filing delinquent reports/taxes plus penalties, interest, and possible reinstatement fees.5. Use proactive compliance tools: calendar reminders, registered agent services, annual compliance checklist, estimated tax payments for corporations owing $5,000+ (quarterly installments), and internal owner notifications.6. Reinstatement steps: contact Franchise Tax Section before filing renewals/terminations; file all past-due annual reports and pay taxes, penalties, interest; submit reinstatement paperwork as required by Delaware Division of Corporations.7. Common causes of noncompliance: missed deadlines, lapse of registered agent, deceptive third-party solicitations, miscommunication during business wind-down.8. Prevention best practices: engage a reputable registered agent, centralize compliance tracking, authorize someone (officer/agent) responsible for filings, use automated payment methods, verify official communications through corp.delaware.gov, and consult Delaware counsel for complex matters.
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