Important Information Regarding Operations of the Division of Corporations More Info

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Delaware Division of
Corporations

IMPORTANT UPDATES FOR DELAWARE REGISTERED AGENTS



Effective August 1, 2019, there are changes to Resignation of Agent without Appointment of a Successor Registered Agent.  The ability to file a resignation without appointment of successor on certain inactive entities has been added (see specific statutory citations below). The registered agent will be required to submit the resignation on a form prescribed by the Secretary of State and must also include the last communications contact information for the entity. This information will not be deemed to be public information.

  • Pursuant to Title 8, §136 (a), it will be permissible to file a resignation of agent without appointment of a successor on a corporation which has become void pursuant to Title 8, §510.
  • Title 6, §15-111 (d), it will be permissible to file a resignation of agent without appointment of a successor on a partnership which has been cancelled pursuant to Title 6, §15-1209 or whose statement of qualification has been revoked pursuant to Title 6, §15-1003.
  • Pursuant to Title 6, §17-104(d) it will be permissible to file a resignation of agent without appointment of a successor on a limited partnership which has been cancelled pursuant to Title 6, §17-1110.
  • Pursuant to Title 6, §18-104(d), it will be permissible to file a resignation of agent without appointment of a successor on a limited liability company which has been cancelled pursuant to Title 6, §18-1108.

 

Where can I get the new form that I must use?

You can get the forms here.

The company has been void for a long time and the address I have is probably outdated. Do I still need to provide written notice of resignation to the company?

Yes. The statute still requires notice be provided to the entity at least 30 days prior to the filing of the resignation certificate at the address last known to the registered agent.



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