How To Reinstate A Delaware LLC
Revive Or Reinstate A Delaware Limited Liability Company
To revive your Delaware LLC, you provide the completed Certificate of Revival form to the Department of State by mail, fax or in person, along with the filing fee and owed franchise tax. Also include a Filing Cover Memo with your name, address and telephone/fax number to enable them to contact you if necessary.
How much will it cost to revive a Delaware LLC?
To revive your Limited Liability Company in Delaware, there is a $200 filing fee required. Contact the Delaware Department of State Franchise Tax Section concerning any taxes due at the time of reviving your business. A check for any tax payment due must accompany the revival and filing fees. You can 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.
Contact the 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.
How long does it take the state to process the filing?
Processing of a domestic Delaware LLC 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 LLC 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 LLC?
In Delaware you can revive a business at any time by paying all back franchise taxes, penalties and interest.
Can you change your Delaware registered agent at the same time on the Delaware reinstatement?
Yes. You can change your Delaware registered agent by providing new registered agent information on your certificate of revival 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 members and/or managers at the same time on the Delaware reinstatement form?
No. The Delaware Department of State does not require limited liability companies to provide member/manager information.
How many annual reports can you miss before you can’t revive your Delaware LLC?
You can revive your LLC at any time as long as you can bring all back franchise taxes, penalties and interest current with the Franchise Tax Section of the Department of State.