|
| New Requirements for Delaware Registered Agents |
|
|
|
|
The Delaware General Assembly recently passed new legislation that will require a Delaware registered agent to maintain the name, business address and telephone number of a natural person contact for each domestic or foreign entity that it represents in Delaware. As a result, titles such as General Counsel, President, or Accounting Department will no longer be sufficient. The new legislation applies to corporations, limited liability companies, partnerships, and limited partnerships and is effective January 1, 2007.
The statute requires each entity to provide to its registered agent (and update as necessary) the required contact information. Failure by an entity to provide such information to its registered agent may result in the registered agent’s resignation. Failure by a registered agent to collect and maintain such required contact information may result in the Secretary of State’s refusal to file documents submitted by the registered agent as well as the registered agent being enjoined from serving as such. For further information regarding the new requirements, please see Sections 9 and 10 of Senate Bill 322 which amends the Delaware General Corporation Law to include the new provisions: http://www.legis.state.de.us/LIS/lis143.nsf/vwLegislation/SB+322/$file/legis.html?open Capitol Services has conducted an audit of the entities it represents in Delaware to determine if it has the required contact information, and has notified those clients whose contact information is inadequate under the new statutory requirements. Capitol Services will of course obtain the required contact information for all newly formed or qualified Delaware entities that name it as the registered agent. |
|
Last updated on May 1, 2008.
© 2008 Capitol Services, Inc. All rights reserved. |