Delaware Plan of Liquidation
Description
How to fill out Plan Of Liquidation?
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FAQ
To dissolve your domestic corporation in Delaware, you must provide the completed Certificate of Dissolution form to the Department of State by mail, fax or in person, along with the filing fee.
The fee to file the Certificate is $204.00. If your document is more than 1 page, please include $9.00 for each additional page. You will receive a stamped ?Filed? copy of your submitted document.
Plan of Complete Liquidation and Dissolution (DE Corporation; Default Procedure) A plan of complete liquidation and dissolution for a Delaware corporation voluntarily dissolving and winding up under the default procedure under DGCL § 281(b) (also known as short-form dissolution).
Liquidation Plan means with respect to any Company or any Fund, a plan of liquidation, a plan to dispose of a substantial portion of its assets out of the ordinary course of business (except in connection with a Permitted Merger) or any other plan of action with similar effect.
Take a Member Vote. If the LLC Operating Agreement does not specify guidelines for canceling the LLC, the Delaware LLC Act states that the LLC may be canceled after affirmative or written consent of members who own more than two-thirds of the current percentage ownership.
You'll need to complete and mail the appropriate dissolution form and a cover memo, along with the filing fee, to the Delaware DOS. You can find the dissolution forms and the cover memo on the dissolutions and cancellations section of the Division of Corporations website.
It is advisable to formally cancel a Delaware LLC if the company has ever been used in any capacity. The LLC will continue to accrue Delaware franchise tax year after year if the company is not properly canceled. The public cancellation filing stops the LLC from accruing future franchise tax, penalties, and interest.
