I need to convert a no DE entity to a DE Corp as quickly as possible. For tax filing and franchise fee reasons I would prefer for the entity to be effective in 2014.
The process being used will be a conversion of non DE entity to a DE Corp ( http://corp.delaware.gov/Non-DE%20Corp%20to%20DE%20Corp09.pdf ). Is it legal to state an effective date (i.e. 01/01/2014) in both certs to have the new entity formed on the first of the year.
I could simply wait and file after the first of the year but this is a time sensitive matter and if possible I would like to file before the end of the year to be effective 1 January (or later).
Yes. Delaware General Corporation Law Section 103(c)(4) (link below) states:
"Upon request made upon or prior to delivery, the Secretary of State may, to the extent deemed practicable, establish as the filing date of an instrument a date and time after its delivery."
This information does not constitute legal advice and does not establish an attorney-client relationship.
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