I used a registered agent service to form my Delaware corporation. That corporation has gone into inactive/void status (with no hope of being resolved) but the registered agent is insisting I continue to pay the $99 registered agent fee forever. My fear is that if I don't pay the registered agent, they will send the account to collections which will affect my personal credit. Is there a way to remove this registered agent and terminate my contract?
You need to have a Certificate of Dissolution filed as quickly as possible. You will need approval from your Board of Directors recommending a vote by shareholders, and you need a vote by shareholders. This is reported to DE. Once the corporation is dissolved, there is no need for a registered agent.
I do a great deal of work in DE and have done this task several times. I would be happy to help. The cost at least $324 in filing fees and about an hour of legal time at the most. Filling costs are higher if any,franchise tax is due.
I am happy to assist you if you like.
Cicero, Mehta & Sprang
1000 Potomac Street, NW
Washington, DC 20007
Regarding your concern that your personal credit may suffer because of the registered agent fees, if you contracted with them personally, rather than through your corporation, unfortunately, you may be personally liable for the debt. It is important that you get a hold of any documents and communications you have had with the agent to find out what the terms of your contract are: what is the term of the contract? is it automatically renewable (if so, you need to formally notify the agent you do not wish to renew)? is there a procedure to discontinue the service? As always, it is better to have an attorney review the documents for you and contact the agent. Good luck!
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