Can I change my Registered Agent at the time of reinstatement?
The Secretary of State can declare the charter of a corporation to be forfeited if they fail to maintain a registered agent or are unable to nominate one, if their existing agent resigns. Hence, it is extremely important to appoint a registered agent prior to applying for a Delaware reinstatement.
Note: A business corporation has to file a new agent change form prior to the expiration of the period of 30 days since the resignation of the agent pursuant to 8 DE Code § 136 (2017) in order to prevent forfeit.
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Tax Clearance or Tax Good Standing before reinstating
The Delaware Division of Revenue (DOR) is responsible for issuing “Certificates of Tax Clearance” also known as Tax Status Compliance Certificate for corporate as well as personal income tax. In order to have a good standing in the state and to prevent or simplify the process of Delaware reinstatement, a business corporation needs to apply for and obtain a tax clearance certificate. All business entities in the state need to have the Tax Clearance Certificate prior to applying for reinstatement.
If you have already filed the Delaware Tax Status Compliance Certificate, then after filing the annual report or franchise tax along with fee accrued, penalties and interest, Delaware secretary of state reinstatement, the certificate of renewal or revival of charter will be processed in two to three weeks. You can also opt for an expedited service.