Delaware Code (Titles 8, 9, 25, 30)
8 Del. C. § 136
Resignation of registered agent not coupled with appointment of successor
# (a)
The registered agent of a corporation, including a corporation which has become void pursuant to § 510 of this title, may resign without appointing a successor by filing a certificate of resignation with the Secretary of State, but such resignation shall not become effective until 30 days after the certificate is filed. The certificate shall be executed and acknowledged by the registered agent, shall contain a statement that written notice of resignation was given to the corporation at least 30 days prior to the filing of the certificate by mailing or delivering such notice to the corporation at its address last known to the registered agent and shall set forth the date of such notice. The certificate shall include such information last provided to the registered agent pursuant to § 132(d) of this title for a communications contact for the affected corporation. Such information regarding the communications contact shall not be deemed public. A certificate filed pursuant to this section must be on the form prescribed by the Secretary of State.
# (b)
After receipt of the notice of the resignation of its registered agent, provided for in subsection (a) of this section, the corporation for which such registered agent was acting shall obtain and designate a new registered agent to take the place of the registered agent so resigning in the same manner as provided in § 133 of this title for change of registered agent. If such corporation, being a corporation of this State, fails to obtain and designate a new registered agent as aforesaid prior to the expiration of the period of 30 days after the filing by the registered agent of the certificate of resignation, the Secretary of State shall declare the charter of such corporation forfeited. If such corporation, being a foreign corporation, fails to obtain and designate a new registered agent as aforesaid prior to the expiration of the period of 30 days after the filing by the registered agent of the certificate of resignation, the Secretary of State shall forfeit its authority to do business in this State.
# (c)
After the resignation of the registered agent shall have become effective as provided in this section and if no new registered agent shall have been obtained and designated in the time and manner aforesaid, service of legal process against the corporation for which the resigned registered agent had been acting shall thereafter be upon the Secretary of State in accordance with § 321 of this title.
Amendment history
56 Del. Laws, c. 50; 56 Del. Laws, c. 186, § 2; 64 Del. Laws, c. 112, § 5; 69 Del. Laws, c. 233, §§ 1-3; 70 Del. Laws, c. 79, §§ 5, 6; 70 Del. Laws, c. 587, § 11; 82 Del. Laws, c. 45, § 3
Source: view the official text
In this title (40 sections)
- 8-109 · Bylaws
- 8-110 · Emergency bylaws and other powers in emergency [For application…
- 8-111 · Jurisdiction to interpret, apply, enforce or determine the…
- 8-112 · Access to proxy solicitation materials
- 8-113 · Proxy expense reimbursement
- 8-114 · Application of chapter to nonstock corporations
- 8-115 · Forum selection provisions
- 8-116 · Document form, signature and delivery
- 8-121 · General powers
- 8-122 · Specific powers [For application of this section, see 84 Del.…
- 8-123 · Powers respecting securities of other corporations or entities
- 8-124 · Effect of lack of corporate capacity or power; ultra vires
- 8-125 · Conferring academic or honorary degrees
- 8-126 · Banking power denied
- 8-127 · Private foundation; powers and duties
- 8-131 · Registered office in State
- 8-132 · Registered agent in State; resident agent
- 8-133 · Change of location of registered office; change of registered…
- 8-134 · Change of address or name of registered agent
- 8-135 · Resignation of registered agent coupled with appointment of…
- 8-136 · Resignation of registered agent not coupled with appointment of…
- 8-141 · Board of directors; powers; number, qualifications, terms and…
- 8-142 · Officers; titles, duties, selection, term; failure to elect;…
- 8-143 · Loans to employees and officers; guaranty of obligations of…
- 8-144 · Interested directors and officers; controlling stockholder…
- 8-145 · Indemnification of officers, directors, employees and agents;…
- 8-146 · Submission of matters for stockholder vote
- 8-147 · Authorization of agreements and other instruments [For…
- 8-151 · Classes and series of stock; redemption; rights
- 8-152 · Issuance of stock; lawful consideration; fully paid stock
- 8-153 · Consideration for stock
- 8-154 · Determination of amount of capital; capital, surplus and net…
- 8-155 · Fractions of shares
- 8-156 · Partly paid shares
- 8-157 · Rights and options respecting stock
- 8-158 · Stock certificates; uncertificated shares
- 8-159 · Shares of stock; personal property, transfer and taxation
- 8-160 · Corporation’s powers respecting ownership, voting, etc., of its…
- 8-161 · Issuance of additional stock; when and by whom
- 8-162 · Liability of stockholder or subscriber for stock not paid in…