Navigating Corporate Compliance with Confidence: Restoring Your Voided Delaware Corporation
Missed or inaccurate Delaware Corporation's annual reports can result in a
voided status if left unaddressed for two consecutive years. Nonetheless, we
are committed to assisting such corporations to reclaim their good standing
through a streamlined reinstatement process, ensuring your corporation
shows no record of ever having been voided.
Understanding Voided Corporations
Several factors can lead to a corporation becoming void, such as not filing
an annual report, or a registered agent's resignation without subsequent
replacement, especially when the agent's fee remains unpaid. Continued
neglect of responsibilities like fee payments, annual franchise tax, or filing
annual reports may escalate the issue from losing "good standing" to
cancelling the corporation's certificate of formation.
Do Not Worry! We may be able to reinstate the company/corporation in such a way that it will show no record of it ever being voided and that it can be returned to good standing.
Steps for Reinstating a Voided Delaware Corporation
If voided and the corporation wishes to be reinstated, the corporation will have to file a Certificate of Renewal and Revival pursuant to Section 312 of the
Delaware General Corporation Law (DGCL).
The certificate to include:
Exact name and number of the corporation
Date the corporation was voided
Whether or not the renewal is perpetual
Date of its incorporation under Delaware law
Name and address of the corporation’s registered agent
In the unlikely event that another corporation has adopted your corporation's
name during the period it was voided, your corporation will need to renew
under a currently available name.
Rest assured, we will disclose all reinstatement costs before any decisions are
made or money is paid. With the correct steps, a voided corporation can be
reinstated, all outstanding annual reports filed, and all due annual franchise
taxes paid. From submission of all paperwork and payment of outstanding
franchise taxes, the process to bring your corporation back in good standing
should take approximately 4 to 6 weeks. Allow us to help you navigate
through these complexities and restore your corporation's status effectively
and efficiently.
Allow us to help you navigate through these complexities and restore your corporation's status effectively and efficiently.
The certificate must state that it was filed by the authority of the
board of directors at the time the corporation was voided, or by those
who were elected directors as per Section 312(h) of the DGCL.
Alongside filing the Certificate of Renewal and Revival, the
corporation must pay the past-due tax penalty and interest, and file
certain past-due annual reports, depending on the year the company
was voided. Moreover, all franchise taxes, penalties, and interest due
at the time the corporation was voided must be paid. In the unlikely
event that another corporation has adopted your corporation's name
during the period it was voided, your corporation will need to renew
under a currently available name.
Fees Due & Name Issues
Related to Reinstatement
In addition to the usual filing fees, the corporation will also have to pay all
franchise taxes, penalties and interest due at the time the corporation was voided; or, if the
corporation was voided more than five years ago, it will have to pay three times the amount
of annual franchise tax that would be due and payable by the corporation for the year in
which the reinstatement was effected. The payment to renew the corporation does not reduce
the franchise tax due for the year in which the renewal is effected.
While it's a rare occurrence, there is a potential risk that during the time your corporation
was declared void, another entity might have claimed a name identical or similar to yours,
thereby making your original name unavailable for corporate use in Delaware.
In the event this transpires, your corporation will need to proceed with reinstatement under a
new, currently available name. Rest assured, the comprehensive costs associated with the
reinstatement process will be disclosed in full before you're required to make any
commitments or financial contributions. This transparent approach enables informed
decision-making and ensures no unexpected costs arise.
Contact us.
+34 711028541
info@reinstatemelawarecompany.com
Mailing Address:-
Duquesa Business Centre
A088, PO Box 157
29692 San Luis Sabinillas
Málaga