How to reinstate a Delaware Corporation

Revival of Delaware Corporation with Delaware Department of State

How to reinstate a Delaware Corporation:

To revive your voided corporation in Delaware, you must provide the completed Certificate of Renewal and Revival of Charter for a Voided Corporation form to the Department of State by mail, fax or in person, along with the filing fee and all back taxes and penalties. Also, include a Filing Cover Memo with your name, address and telephone/fax number to enable them to contact you if necessary.

Your entity will be “void” for failure to keep your annual reports current. Your entity will be “forfeited” if your registered agent resigns and no other registered agent is appointed.

How much will it cost to revive a Delaware Corporation?

To revive your corporation in Delaware, there is a $169 filing fee required. Before the revival can be filed, all franchise taxes, penalties and interest that were due to the State at the time the corporation became void/forfeited must be paid and all applicable Annual Franchise Tax Reports must be filed. Please contact the Franchise Tax Section prior to submitting the document for filing to determine the amount owed. Delaware Department of State: Division of Corporations, Franchise Tax Section, at: (302) 739-3073 option 3, or email them at DOSDOC_Ftax@state.de.us

You may request expedited processing for an additional $1,000 for one-hour service, $500 for two-hour service, $200 for same day service, or within 24 working hours for an additional $100 fee.

How long does it take the state to process the filing?

Processing of a domestic revival will take approximately two to three weeks. Expedited service is available in one hour, two hours, same day or 24 working hours depending on the service requested.
You will receive a confirmation copy of your filing by the return service you indicate on your filing cover memo.

How long does your Delaware Corporation have to be inactive with the state before you wouldn’t have any fees, and would just have to start over with a new Delaware Corporation?

In Delaware you can revive your business at any time by bringing your annual reports current and paying any taxes, penalties and interest due, along with the revival fee.

Can you change your Delaware registered agent at the same time on the Delaware reinstatement?

Yes. You can provide new registered agent information on your reinstatement form.

Can you change your principal address at the same time on the Delaware reinstatement form?

The Delaware Department of State does not keep principal address information of businesses on file.

Can you change your officers and directors at the same time on the Delaware reinstatement form?

As part of your revival you will need to bring your annual reports current and you can change the officers and directors on your annual report form.

How many annual reports can you miss before you can’t revive your Delaware Corporation?

You can revive your corporation at any time. It becomes more expensive the longer you have been administratively dissolved.