Delaware Division of Corporations Computer System Conversion update

25 August 2015

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UPDATE

The Delaware Division of Corporations will implement a major computer system conversion over an extended Labor Day weekend. The Division will close at 4:30PM on Thursday, September 3. All priority submissions (1 hour, 2 hour, same day and 24 hour) must be received by the Secretary of State by noon EDT on Thursday, September 3.

The Division anticipates processing all priority submissions (other than 24 hour) on Thursday, September 3. The Division will be closed on Friday, September 4. Any 24 hour submissions received by noon EDT on Thursday, September 3 will be processed in the order received with completion targeted for Tuesday, September 8 -- within a 24 hour business day. The Division will begin accepting expedited and regular filings requests immediately after the Labor Day holiday beginning Tuesday, September 8 at 8AM.

The Division will not accept any UCC filings after 4:30PM on Thursday, September 3 or before 8AM on Tuesday, September 8. The Division urges customers to consider closing dates, lien lapses and other financing statement related matters accordingly.

For business entity filings, the Division will not accept submissions after 4:30PM on Thursday, September 3 or before 8AM on Tuesday, September 8. However, should you require an emergency business filing during this time, please contact a Registered Agent for assistance. Such filings will be processed manually on a best efforts basis on Friday, September 4 for a fee of $7,500 per filing in addition to standard filing fees. Customers should expect processing delays and the State cannot guarantee service on that date. Therefore, the Division strongly encourages customers to adjust closings and other deadlines accordingly.

Recognizing the importance to customers of securing filing dates and times, the Division will declare an “extraordinary condition” beginning at 4:31PM on Thursday, September 3 [pursuant to 8 Del. C., §103 (i)]. This declaration will remain in effect through 10:30PM EDT, Friday, September 18, 2015 as a result of the Division’s closure on Friday, September 4 and in anticipation of the possibility of any technical issues that may arise during the first two weeks of the new system implementation. This declaration will enable customers to receive a filing date and time after 4:30PM on Thursday, September 3, any time the day of Friday, September 4 or any date through Friday, September 18 provided such request is in accordance with statutory requirements [see 8 Del. C., §103 (i)(1)]. Any such requests for an earlier file date and time must be received no later than close of business on Tuesday, September 22. The declaration of an “extraordinary condition” does not apply to UCC filings.

The Division currently plans to offer the following operating hours (subject to change) during the first two weeks after Go-Live of the new computer system:

  • September 8 through September 11 - 8AM to 5PM. All 1 hour, 2 hour and same day submissions must be received by 1PM. 24 hour and all other submissions are due by 5PM.
  • September 14 through September 18 - 8AM to 8PM. All 1 hour and 2 hour submissions must be received by 5PM.

All other expedited cut-off times will return to normal (same day 2PM and 24 hour 7PM) and all other submissions are due by 8PM.

For more information, please see here for details.

Please note that Delaware Corporate Services will be OPEN for business as usual except for Labor Day, (7th September 2015), however our DE services will be affected from 4:30pm on Thursday, September 3rd. If you have any queries regarding the above or would like to contact us regarding the services we can offer you, the team will gladly assist.

Contact us on 800-426-2327 or email dcs@lawdeb.com

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