The Delaware Secretary of State’s Office (DE SOS) has worked diligently to upgrade their database, with their new system currently planned to “GO LIVE” following Labor Day weekend, on Tuesday, September 8th. For an easy to view and print .pdf version of this notice, click here.
How does this upgrade affect you?
Incserv’s Delaware office will not be able to submit or process ANY Delaware requests from 4:30 PM (ET) on Thursday, September 3rd until “GO LIVE” on Tuesday, September 8th. All DE SOS system access will halt. However, please continue to send requests to Incserv during this time, as we will proceed with processing as soon as the system is up and running on September 8th.
What if I have an Emergency Filing?
The DE SOS will accept a filing during the blackout period ONLY if it is determined that the inability to process the filing would cause substantial harm to the company. The DE SOS reserved the right to reject any such request and will assess an additional fee of $7,500.00 for these emergency filings.
As with any major technological transition, we expect there may be minor hiccups and processing times may be slower than normal. However, we will keep you posted. If you have any questions or concerns, please do not hesitate to contact us.
Stay tuned for additional updates…
The Division of Corporations released an updated timeline today, Monday, August 24th, relating to the closing and system upgrade.
Thursday, September 3rd
The DE SOS will close at 4:30 PM. The extraordinary events policy will be in effect beginning at 4:31 PM and corporate filers will be able to obtain the closure date as the filing date when State offices return to normal business hours.
Expedited cut-off times will be altered for the day: All priority filings must be received by the DE SOS by 12:00 noon. To meet these deadlines, we must receive all filings at least 15 minutes before the DE SOS cut-off time.
Any 24 hour submissions received by noon EDT on Thursday, September 3 will be processed in the order received with completion targeted for Tuesday, September 8. (within a 24 hour business day)
Friday, September 4th
The DE SOS will be closed. The extraordinary events policy will be in effect and corporate filers will be able to obtain the closure date as the filing date when State offices return to normal business hours.
Saturday, September 5th – Sunday, September 6th
“Go Live” Weekend! Most system work will occur on Saturday and Sunday.
Monday, September 7th
Labor Day Holiday – The DE SOS and Incserv will be closed.
Tuesday, September 8th
The new system will officially “Go Live”. The DE SOS will begin accepting expedited and regular filings at 8AM with the following conditions (subject to change) in place during the first two-weeks after Go-Live:
September 8th – September 11th
8AM to 5PM
All One-Hour, Two-Hour and Same Day filings must be received by the DE SOS by 1PM. 24 Hour and all other submissions are due by 5PM. To meet these deadlines, we must receive all filings at least 15 minutes before the DE SOS cut-off time.
September 14th – September 18th
8AM to 8PM
All One-Hour and Two-Hour filings must be received by the DE SOS by 5PM. All other expedited cut-off times will return to normal (Same Day – 2PM, 24 Hour – 7PM) and all other submissions are due by 8PM. To meet these deadlines, we must receive all filings at least 15 minutes before the DE SOS cut-off time.
What is an extraordinary event?
Recognizing the importance to customers of securing filing dates and times, the Division will declare an “extraordinary condition” beginning at 4:31PM on Thursday, September 3 [pursuant to 8 Del. C., §103 (i)]. This declaration will remain in effect through 10:30PM EDT, Friday, September 18, 2015 as a result of the Division’s closure on Friday, September 4 and in anticipation of the possibility of any technical issues that may arise during the first two weeks of the new system implementation. This declaration will enable customers to receive a filing date and time after 4:30PM on Thursday, September 3, any time the day of Friday, September 4 or any date through Friday, September 18 provided such request is in accordance with statutory requirements [see 8 Del. C., §103 (i)(1)]. Any such requests for an earlier file date and time must be received no later than close of business on Tuesday, September 22. The declaration of an “extraordinary condition” does not apply to UCC filings. The Division will not accept any UCC filings after 4:30PM on Thursday, September 3 or before 8AM on Tuesday, September 8. The Division urges customers to consider closing dates, lien lapses and other financing statement related matters accordingly.
Amanda Contreras is the Marketing Manager in our Dover, Delaware office. To learn more about Amanda read her bio here.