Small Business Reading Room

Friday, February 05, 2010

Inclement Weather!? How do I make my filing with the State of Delaware, Division of Corporations and secure my filing date and time?

Division of Corporations operates with a state-of-the-art efficiency and a staff that provides prompt, friendly and professional service to clients, attorneys, registered agents and others. These factors, as well as their unparallel accessibility, have all contributed to making Delaware a premier legal home to companies around the world.

While all this is true, they still can not control the weather.

Yesterday, National Weather Service issuance of a blizzard warning that caused the Division of Corporations to issue a statement regarding the following changes to their normal process:

· All 30 Minute and Priority 1 (one-hour service) must be received by 2:30 P.M.

· Priority 2 (two-hour service) must be received by 2 P.M.

· Same Day and Must approvals are required to be received by 1 P.M.

· DCIS, the Imaging System and Fax Gateway will be available until 10:30 P.M. for securing filing dates and times.

So, what does all that mean to you, if you need to make a filing today? After all, the weather may be perfectly fine where you are located!

Here's where that accessibility factor comes into play again. Should the Governor of the State of Delaware declare a State of Emergency or mandate the closure of State agencies which renders the office of the Division of Corporations, Townsend Building, Dover, Delaware, closed on what would otherwise be a standard work day, the following option is available.

The Secretary of State will issue a written waiver upon request for up to two business days after the end of an “extraordinary condition” (EC). This will allow a document to be given a file date and time that is prior to the delivered date and time and during the time that the EC took place.

If your Delaware filings are affected by weather conditions, or any other extraordinary events, let us know ASAP and we can work to assist you with submitting your filing an obtaining an extraordinary event waiver.

It may not be instant gratification, but it can help you to obtain the date and time of your filing that would otherwise been assigned if the extraordinary event had not taken place. It many not be perfect, but it is certainly better than most jurisdictions out there.

That's just another one of the many reasons why Delaware is a leading domicile for U.S. and international corporations.



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Delaware Intercorp, Inc.
113 Barksdale Professional center
Newark, DE 19711-3258

"For all the best reasons to incorporate,the best place
is Delaware and the best incorporator is
Delaware Intercorp!"

Call Monday - Friday 09:00 (am) - 17:00 (pm) Eastern Time (GMT-05:00)

Toll Free - USA only - 888.324.1817
International: (1) 302.266.9367
FAX: 302.266.9940