How long does it normally take for a Delaware LLC to be administratively dissolved if its franchise tax has not been paid?
New York cannot dissolve a DE LLC. What it can do is annul it's Certificate of Authority to do Business in New York State. This will bar the company from doing business in the state and could allow another company to take the name of the company. Generally, this process requires 2 years of unpaid franchise taxes and then publication of the annulment before going into effect.
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Delaware has a two step process for administrative dissolution. Once annual franchise taxes are not paid the Dept of Revenue will make the LLC ineligible to conduct business effectively putting it out of business. The LLC is not dissolved until action is taken by the Attorney General's office and we are finding that Delaware does not seem to move very quickly at all to take this second step. This effectively blocks anyone from taking the name of the LLC in Delaware until they pay the back franchise taxes until it is dissolved by action of the AG, which seems to take many many years.
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