The Delaware Division of Corporations will implement a major computer system conversion over an extended Labor Day weekend. The Division will close at 4:30 p.m. Eastern Daylight Time (EDT) on Thursday, September 3. All priority submissions (one-hour, two-hour, same-day, and 24-hour) must be received by the Secretary of State by noon EDT on Thursday, September 3. The Division anticipates that it will process all priority submissions (other than 24-hour) on Thursday, September 3. The Division will be closed on Friday, September 4. Any 24-hour submissions received by noon EDT on Thursday, September 3, will be processed in the order received with a target completion date of Tuesday, September 8 (within a 24-hour business day). The Division will begin accepting expedited and regular filing requests immediately after the Labor Day holiday, beginning Tuesday, September 8, at 8 a.m.

The Division will not accept any UCC filings after 4:30 p.m. on Thursday, September 3, or before 8 a.m. on Tuesday, September 8. The Division urges customers to consider closing dates, lien lapses, and other financing statement-related matters accordingly.

For business entity filings, the Division will not accept submissions after 4:30 p.m. on Thursday, September 3, or before 8 a.m. on Tuesday, September 8. In the event that you require an emergency business filing during this time, please contact a registered agent for assistance. Such filings will be processed manually on a best-efforts basis on Friday, September 4, for a fee of $7,500.00 per filing in addition to standard filing fees. Customers should expect processing delays, and the state cannot guarantee service on that date. Therefore, the Division strongly encourages customers to adjust closings and other deadlines accordingly.

Recognizing the importance to customers of securing filing dates and times, the Division will declare an “extraordinary condition” beginning at 4:31 p.m. on Thursday, September 3 [pursuant to 8 Del. C., §103 (i)]. This declaration will remain in effect through 10:30 p.m. EDT on 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 4:30 p.m. 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 currently plans to offer the following operating hours (subject to change) during the first two weeks after the new computer system goes live:
• September 8 through September 11, 8 a.m. to 5 p.m. All one-hour, two-hour, and same-day submissions must be received by 1 p.m.; 24-hour and all other submissions are due by 5 p.m.
• September 14 through September 18, 8 a.m. to 8 p.m. All one-hour and two-hour submissions must be received by 5 p.m. All other expedited cutoff times will return to normal (same-day, 2 p.m.; 24-hour, 7 p.m.), and all other submissions are due by 8 p.m.

Delaware – Filing System Conversion Information
Tagged on: