Delaware Code § 8-133

of this title, there shall be collected by and paid to the Secretary of State a fee of $50, provided that no fee shall be charged
Open in Lexace · Ask the AI about this section
pursuant to § 103(c)(6) and (c)(7) of this title.
(13) For filing in the office of the Secretary of State any certificate of change of address or change of name of registered agent, as
provided in § 134 of this title, there shall be collected by and paid to the Secretary of State a fee of $50, plus the same fees for receiving,
filing, indexing, copying and certifying the same as are charged in the case of filing a certificate of incorporation.
(14) For filing in the office of the Secretary of State any certificate of resignation of a registered agent and appointment of a
successor, as provided in § 135 of this title, there shall be collected by and paid to the Secretary of State a fee of $50.
(15) For filing in the office of the Secretary of State, any certificate of resignation of a registered agent without appointment of a
successor, as provided in §§ 136 and 377 of this title, there shall be collected by and paid to the Secretary of State a fee of $2.00 for each
corporation whose registered agent has resigned by such certificate.
(16) For preparing and providing a written report of a record search, a fee of up to $200 shall be paid.
(17) For preclearance of any document for filing, a fee of $350 shall be paid, with the exception of documents for filing under § 204

of this title, for which a fee of $1,500 shall be paid.
(18) For receiving and filing and/or indexing an annual franchise tax report of a corporation provided for by § 502 of this title, a fee of
$25 shall be paid by exempt corporations and a fee of $50 shall be paid by all other corporations.
(19) For receiving and filing and/or indexing by the Secretary of State of a certificate of domestication and certificate of incorporation
prescribed in § 388(d) of this title, a fee of $165, plus the fee payable upon the receipt for filing of an original certificate of
incorporation, shall be paid.
(20) For receiving, reviewing and filing and/or indexing by the Secretary of State of the documents prescribed in § 389(c) of this title,
a fee of $10,000 shall be paid.
(21) For receiving, reviewing and filing and/or indexing by the Secretary of State of the documents prescribed in § 389(d) of this title,
an annual fee of $2,500 shall be paid.
(22) Except as provided in this section, the fees of the Secretary of State shall be as provided for in § 2315 of Title 29.
(23) In the case of exempt corporations, the total fees payable to the Secretary of State upon the filing of a Certificate of Change of
Registered Agent and/or Registered Office or a Certificate of Revival shall be $5.00 and such filings shall be exempt from any fees or
assessments pursuant to the requirements of § 103(c)(6) and (c)(7) of this title.
(24) For accepting a corporate name reservation application, an application for renewal of a corporate name reservation, or a notice of
transfer or cancellation of a corporate name reservation, there shall be collected by and paid to the Secretary of State a fee of up to $75.
(25) For receiving and filing and/or indexing by the Secretary of State of a certificate of transfer or a certificate of continuance
prescribed in § 390 of this title, a fee of $1,000 shall be paid.
(26) For receiving and filing and/or indexing by the Secretary of State of a certificate of conversion and certificate of incorporation
prescribed in § 265 of this title, a fee of $115, plus the fee payable upon the receipt for filing of an original certificate of incorporation,
shall be paid.
(27) For receiving and filing and/or indexing by the Secretary of State of a certificate of conversion prescribed in § 266 of this title, a
fee of $165 shall be paid.
(28) For receiving and filing and/or indexing by the Secretary of State of a certificate of validation prescribed in § 204 of this title, a
fee of $2,500 shall be paid; provided, that if the certificate of validation has the effect of increasing the authorized capital stock of a
corporation, an additional fee, calculated in accordance with paragraph (a)(2) of this section, shall also be paid.
(29) For accepting service of process under this title, a fee of $100 shall be paid.
(b) (1) For the purpose of computing the fee prescribed in paragraphs (a)(1), (2), (4) and (28) of this section the authorized capital stock
of a corporation shall be considered to be the total number of shares which the corporation is authorized to issue, whether or not the total
number of shares that may be outstanding at any 1 time be limited to a less number.
(2) For the purpose of computing the fee prescribed in paragraphs (a)(2), (3) and (28) of this section, a certificate of amendment of
certificate of incorporation, or an amended certificate of incorporation before payment of capital, or a restated certificate of
incorporation, or a certificate of validation, shall be considered as increasing the authorized capital stock of a corporation provided it
involves an increase in the number of shares, or an increase in the par value of shares, or a change of shares with par value into shares
without par value, or a change of shares without par value into shares with par value, or any combination of 2 or more of the above
changes, and provided further that the fee computed at the rates set forth in paragraph (a)(1) of this section upon the total authorized
capital stock of the corporation including the proposed change or changes exceeds the fee so computed upon the total authorized stock
of the corporation excluding such change or changes.
(c) The Secretary of State may issue photocopies or electronic image copies of instruments on file, as well as instruments, documents
and other papers not on file, and for all such photocopies or electronic image copies which are not certified by the Secretary of State, a fee
of $10 shall be paid for the first page and $2.00 for each additional page. Notwithstanding Delaware's Freedom of Information Act
(Chapter 100 of Title 29) or any other provision of law granting access to public records, the Secretary of State upon request shall issue
only photocopies or electronic image copies of public records in exchange for the fees described in this section, and in no case shall the
Secretary of State be required to provide copies (or access to copies) of such public records (including without limitation bulk data, digital
copies of instruments, documents and other papers, databases or other information) in an electronic medium or in any form other than
photocopies or electronic image copies of such public records in exchange, as applicable, for the fees described in this section or § 2318 of
Title 29 for each such record associated with a file number.
(d) No fees for the use of the State shall be charged or collected from any corporation incorporated for the drainage and reclamation of
lowlands or for the amendment or renewal of the charter of such corporation.
(e) The Secretary of State may in the Secretary of State's discretion permit the extension of credit for the fees required by this section
upon such terms as the Secretary of State shall deem to be appropriate.
(f) The Secretary of State shall retain from the revenue collected from the fees required by this section a sum sufficient to provide at all
times a fund of at least $500, but not more than $1,500, from which the Secretary of State may refund any payment made pursuant to this
section to the extent that it exceeds the fees required by this section. The fund shall be deposited in the financial institution which is the
legal depository of state moneys to the credit of the Secretary of State and shall be disbursable on order of the Secretary of State.
(g) The Secretary of State may in the Secretary of State's discretion charge a fee of $60 for each check received for payment of any fee

or tax under Chapter 1 or Chapter 6 of this title that is returned due to insufficient funds or as the result of a stop payment order.
(h) In addition to those fees charged under subsections (a) and (c) of this section, there shall be collected by and paid to the Secretary of
State the following:
(1) For all services described in subsection (a) of this section that are requested to be completed within 30 minutes on the same day as
the day of the request, an additional sum of up to $10,000 and for all services described in subsections (a) and (c) of this section that are
requested to be completed within 1 hour on the same day as the day of the request, an additional sum of up to $2,500 and for all services
described in subsections (a) and (c) of this section that are requested to be completed within 2 hours on the same day as the day of the
request, an additional sum of up to $1,500; and
(2) For all services described in subsections (a) and (c) of this section that are requested to be completed within the same day as the
day of the request, an additional sum of up to $500; and
(3) For all services described in subsections (a) and (c) of this section that are requested to be completed within a 24-hour period from
the time of the request, an additional sum of up to $300.
The Secretary of State shall establish (and may from time to time alter or amend) a schedule of specific fees payable up to the limits
under this subsection.
(i) A domestic corporation or a foreign corporation registered to do business in this State that files with the Secretary of State any
instrument or certificate, and in connection therewith, neglects, refuses or fails to pay any fee or tax under Chapter 1 or Chapter 6 of this
title shall, after written demand therefor by the Secretary of State by mail addressed to such domestic corporation or foreign corporation in
care of its registered agent in this State, cease to be in good standing as a domestic corporation or registered as a foreign corporation in this
State on the ninetieth day following the date of mailing of such demand, unless such fee or tax and, if applicable, the fee provided for in
subsection (g) of this section are paid in full prior to the ninetieth day following the date of mailing of such demand. A domestic
corporation that has ceased to be in good standing or a foreign corporation that has ceased to be registered by reason of the neglect, refusal
or failure to pay any such fee or tax shall be restored to and have the status of a domestic corporation in good standing or a foreign
corporation that is registered in this State upon the payment of the fee or tax which such domestic corporation or foreign corporation
neglected, refused or failed to pay together with the fee provided for in subsection (g) of this section, if applicable. The Secretary of State
shall not accept for filing any instrument authorized to be filed with the Secretary of State under this title in respect of any domestic
corporation that is not in good standing or any foreign corporation that has ceased to be registered by reason of the neglect, refusal or
failure to pay any such fee or tax, and shall not issue any certificate of good standing with respect to such domestic corporation or foreign
corporation, unless and until such domestic corporation or foreign corporation shall have been restored to and have the status of a domestic
corporation in good standing or a foreign corporation duly registered in this State.
(j) As used in this section, the term "exempt corporation" shall have the meaning given to it in § 501(b) of this title.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.