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It is the requirement of every corporation incorporated in the state of Delaware to file an annual report every year. After the annual report is submitted, some clients wonder what happens with the information that is filed. Here are some more questions frequently received from our clients regarding the annual report.
Who can see the details that are filed on an annual report?
The company must provide some basic internal details on the annual report. The state of Delaware requires (1) the principal place of business, (2) names and addresses of all directors, (3) name and address of one officer and (4) authorization to file the annual report by a director or officer. Some maximum stock companies (those companies with over 5000 authorized shares) must also provide the total gross assets and total issued shares on the annual report.
Every annual report and the information listed becomes part of the official filing history of the company. The annual reports are electronically stored with the secretary of state’s office and the reported details cannot be viewed publicly. Therefore, it is not possible to see a filed annual report online with the state of Delaware.
How can a copy of a filed annual report be obtained?
Perhaps the details of the company officer and/or directors need to be provided for banking or contract purposes. The state of Delaware does not maintain an online database that allows anyone to view a copy of documents on file for a company. Therefore, in order to obtain a copy of a filed annual report, the document must be requested from the secretary of state’s office for a fee. The document is issued in black and white, just like all other state documents, so it can be printed and used immediately. Even though a copy of a filed annual report can be obtained, any information regarding a company’s total gross assets and total issued shares will not be disclosed. Therefore, for the specific companies that must provide this information on their annual report, those details will still remain private.
What if the information on an annual report needs to be modified?
Sometimes the details that are listed on an annual report can change throughout a year. For example, a director may resign, a new secretary may be elected, or there could be a change of principal place of business address for the company. In this case, an amended report needs to be filed to update the information previously filed. A completely new annual report must be filed in its entirety to replace the previous annual report on file. It is not acceptable to file a partial amended annual report that simply indicates the new details to be updated. The state of Delaware will allow an amended report to be filed up to one year after the date of the originally filed annual report.
Harvard Business Services can assist in obtaining a copy of a previously filed annual report or file an amended annual report for a company. Contact our office and we would be happy to help with any questions or requests.
See answers to more common Delaware annual report questions.
THE AUTHOR OF THIS BLOG ARTICLE IS NOT A LAWYER AND HARVARD BUSINESS SERVICES, INC. IS NOT A LAW FIRM. THE ARTICLE ABOVE IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. THIS SHORT ARTICLE IS STRICTLY TO MENTION SOME ASPECTS OF DELAWARE’S CORPORATION LAWS AND/OR LAWS RELATING TO OTHER FORMS OF ENTITIES WHICH YOU MAY NOT BE FAMILIAR WITH. WE RECOMMEND THAT YOU CONSULT WITH A LAWYER BEFORE FORMULATING A STRATEGY WHICH WILL BE SUITABLE FOR YOUR SPECIFIC CASE.
There are 4 comments left for Your Delaware Annual Report Questions - Answered!Jessica Forleo said: Monday, April 9, 2018
Our company headquarters is moving in about two months and I have already filed annual reports for four of our entities incorporated in DE. How do i go about updating the principal office address? Do I file an amendment to the Annual Report?HBS Staff replied: Wednesday, April 11, 2018
The annual report indicates the details that exist as of the date of filing. It is not a requirement to file an amended annual report every time the details are changed. However, if you prefer to update the details on file, then certainly an amended annual report can be filed.
You can call us at 1-800-345-2677 and ask for the Franchise Tax department if you'd like more information and/or assistance.Shreyas said: Monday, April 9, 2018
Our gross assets value has changed after the DE tax is filed, please let us know if we need to amend the returns. Gross Asset value increased by $4kHBS Staff replied: Monday, April 9, 2018
We would need to know what company you are referring to. You can call us at 1-800-345-2677 and ask for the Franchise Tax department.Ryan said: Saturday, February 24, 2018
I filed a Delaware Annual Report for the wrong company by mistake. Is there a way to cancel this filing? When I log in to the Delaware website, and search for the company that I mistakenly filed for, there is a way to amend the filing, but I do not know anything about this company that I filed for, I just want to be able to cancel this filing, and file for the correct company. Please Help!HBS Staff replied: Monday, February 26, 2018
If you email your company name and file number to this address, we may be able to help you: firstname.lastname@example.orgScott Harris said: Tuesday, April 25, 2017
I need to amend my 2015 franchise tax filing. How do I go about this?HBS Staff replied: Wednesday, April 26, 2017
You can email payment with your company name and file number. You can also call us for assistance at: 1-800-345-2677. Askf for the Payments department. Likewise, feel free to email email@example.com for assistance.