Delaware has adopted its own statute which regulates the formation and governing of entities such as Corporations and Limited Liability Companies (LLC’s). It’s usually called the Business Corporation Act (BCA) or Business Corporation Law – (BCL). These acts are usually based on and similar to the Revised Model Business Corporation Ac.
Section 5.01 of the RMBCA says that “..each corporation must continuously maintain .. (1) a Registered Office … and (2) a Registered Agent.” In general, failure to maintain a Registered Agent results in the loss of the good standing of the corporation with the state. This affects your ability to do business in the state, can result in corporate contracts being deemed void or void able, and can possibly result in personal penalties or fines on the officers and directors of the corporation.
Delaware has enacted similar provisions in their own Business Corporation Act which require a Registered Agent or Office for every Corporation and LLC which does business in their state. The purpose of these provisions is to ensure that each company has an office where it may be found, and a person at that office on whom service can be effected for any notice or process in connection with litigation. The Secretary of State and other government agencies usually send any other official communications such as annual reports and tax notices to this address.
We will act as your registered agent on record and as a result we will receive the tax notice on behalf of your company.
As a convenience for our clients, Formacompany offers a service to assist you in paying your annual tax quickly and easily online. Formacompany’s Annual Tax Filing Service allows you to simply review the pre-populated information for your company and make any necessary updates.
All tax payments must be received by most states no later than June 1. The state will charge a late filing fee and interest will be assessed at the rate of 1.5% per month on the tax and penalty for any LLC that has not paid its tax by June 1.