Delaware Code (Titles 8, 9, 25, 30)
8 Del. C. § 510
Failure to pay tax or file a complete annual report for 1 year; charter void; extension of time
If any corporation, accepting the Constitution of this State and coming under Chapter 1 of this title, or any corporation which has heretofore filed or may hereafter file a certificate of incorporation under said chapter, neglects or refuses for 1 year to pay the State any franchise tax or taxes, which has or have been, or shall be assessed against it, or which it is required to pay under this chapter, or shall neglect or refuse to file a complete annual franchise tax report, the charter of the corporation shall be void, and all powers conferred by law upon the corporation are declared inoperative, unless the Secretary of State, for good cause shown, shall have given further time for payment of the tax or taxes or the completion of an annual franchise tax report, in which case a certificate thereof shall be filed in the office of the Secretary of State stating the reason therefor. On or before November 30 in each year, the Secretary of State shall notify each corporation which has neglected or refused to pay the franchise tax or taxes assessed against it or becoming due during the year or has refused or neglected to file a complete annual franchise tax report, that the charter of the corporation shall become void unless such taxes are paid and such complete annual franchise tax report is filed on or before March 1 of the following year.
Amendment history
21 Del. Laws, c. 166, § 10; 22 Del. Laws, c. 15, § 9; 27 Del. Laws, c. 21, § 2; 36 Del. Laws, c. 6, § 10; 44 Del. Laws, c. 3, § 2; 55 Del. Laws, c. 90, § 1; 57 Del. Laws, c. 712, §§ 3-5; 58 Del. Laws, c. 450, § 6; 71 Del. Laws, c. 339, § 104; 75 Del. Laws, c. 306, § 23
Source: view the official text
In this title (40 sections)
- 8-388 · Domestication of non-United States entities [For application of…
- 8-389 · Temporary transfer of domicile into this State
- 8-390 · Transfer, domestication or continuance of domestic corporations…
- 8-391 · Amounts payable to Secretary of State upon filing certificate…
- 8-392 · [Reserved.]
- 8-393 · Rights, liabilities and duties under prior statutes
- 8-394 · Reserved power of State to amend or repeal chapter; chapter…
- 8-395 · Corporations using “trust” in name, advertisements and…
- 8-396 · Publication of chapter by Secretary of State; distribution
- 8-397 · Penalty for unauthorized publication of chapter
- 8-398 · Short title
- 8-501 · Corporations subject to and exempt from franchise tax
- 8-502 · Annual franchise tax report; contents; failure to file and pay…
- 8-503 · Rates and computation of franchise tax
- 8-504 · Collection and disposition of tax; tentative return and tax;…
- 8-505 · Review and refund; jurisdiction and power of the Secretary of…
- 8-506 · Fund for payment of refunds
- 8-507 · Collection of tax; preferred debt
- 8-508 · Injunction against exercise of franchise or transacting business
- 8-509 · Further remedy in Court of Chancery; appointment of receiver or…
- 8-510 · Failure to pay tax or file a complete annual report for 1 year;…
- 8-511 · Repeal of charters of delinquent corporations; report to…
- 8-512 · Filing and publication of proclamation
- 8-513 · Acting under proclaimed charter; penalty
- 8-514 · Mistakes in proclamation; correction
- 8-515 · Annual report of Secretary of State
- 8-516 · Retaliatory taxation and regulation; imposition
- 8-517 · Duties of Attorney General
- 8-518 · Relief for corporations with assets in certain unfriendly…
- 8-601 · Legislative intent
- 8-602 · Short title
- 8-603 · Definitions
- 8-604 · Exemptions
- 8-605 · Authority to organize; law governing
- 8-606 · Number of directors; officers
- 8-607 · Rendition of professional services through licensed officers,…
- 8-608 · Chapter not to affect professional relationship; legal…
- 8-609 · Engaging in other business prohibited
- 8-610 · Issuance of capital stock to licensed individuals; voting trust…
- 8-611 · Disqualification of officer, shareholder, agent or employee