In order to keep a business entity in good standing status in the state of Delaware, an annual Franchise Tax Fee must be paid. The tax amounts and due dates vary, depending on the business entity type.
However, the consequence for not paying the Franchise Tax Fee remains the same; the state of Delaware will take action against the business entity.
For example, a corporation that does not file and pay its annual Franchise Tax report for two years in a row will automatically be voided by the state.
There are several ill effects of a voided or cancelled business entity. The Delaware Secretary of State will not issue any type of certificates, such as a Certificate of Good Standing, for the company.
Generally, the activities of the business will remain in effect, such as any contracts or agreements established during the voided period. However, the company name becomes available in the Delaware database, and anyone else can form a new company with that name.
Unfortunately, many people end up facing this situation when it comes to taking care of the annual obligations for their business entities. They know there are mandatory payments, but daily life interferes before they realize they have missed the due dates, and as a result their entity has been voided.
First, don’t panic. The state will not pursue you, personally, for the outstanding Franchise Tax Fees. The Franchise Tax Fees are imposed on the business entity itself, thus it is the business entity that owes them to the state.
Second, the process to restore the company is relatively simple. Formal renewal documents should be filed with the Secretary of State, and the past due Franchise Taxes, late penalties and interest fees need to be paid.
Once the renewal documents and appropriate fees have been successfully submitted and then approved by the Secretary of State, the business entity is restored—it is as if the company was never voided or cancelled.
If you need to renew your Delaware business entity, contact us and we will gladly research your specific situation and provide you with guidance in order to reinstate your company as swiftly as possible. You can call us at 800-345-2677 or email us at firstname.lastname@example.org.
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 is 1 comment left for My Delaware Corporation Was Voided. Now What?Özer Özbey said: Friday, July 13, 2018
Hi, I've read your article about voided company founded in Delaware. My brother had a company founded in Delaware but it has never been used and no activity since than after 2-3 years of payment we stopped paying for the unused company and doesn't remember if we managed to close it as we should do. Now I'll search for the mailings we've done with the agency we've worked. But I want to ask you if it is better or possible to start a new company with the same responsible manager as it was my brother in past or is it better trying to find out the situation of the company at the moment closed, voided, canceled etc and pay for the penalties and continue the operation of the company? Is it possible to work with another agency to go on for both conditions? Thank you in advance. Note: I'll find and share the official name and the other relative information with you as soon as possible.HBS Staff replied: Monday, July 16, 2018
We can answer your questions and find out the status of your Dealware company; the easiest way to do this is if you call us at 1-800-345-2677 or live chat with us from our home page. A live person will respond and assist you.