(last updated April 26, 2023)
Following is a description of certain Services currently available to you ("Customer") at the applicable fees for such Services. Delaware and Yacht Registry, Ltd. may change, add or remove any part of these descriptions at any time. Such changes shall be posted on this website or otherwise made available to you. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES WILL BE SUBJECT TO THE THEN-CURRENT DESCRIPTION OF THE SERVICES AS WELL AS THE TERMS AND CONDITIONS LOCATED AT https://www.wolterskluwer.com/en/solutions/ct-corporation/resources/delreg-terms-and-conditions OR SUCH OTHER TERMS AND CONDITIONS AS MAY BE AGREED BY YOU AND DELAWARE AND YACHT REGISTRY, LTD. (AS APPLICABLE, THE "AGREEMENT"). Capitalized terms used but not defined herein shall have the meaning given to them in the Agreement.
A. FEES
1. Registered Agent Services. Fees for Annual Representation Services (as defined in B. below) shall be in accordance with Delaware and Yacht Registry, Ltd.’s standard pricing unless otherwise agreed by the Parties. Fees are subject to change during the Term at Delaware and Yacht Registry, Ltd.'s sole discretion, and additional fees may apply for optional services and special requests. For purposes of this Agreement, the term "Unit" means, with respect to the Customer and each affiliate of Customer for which Delaware and Yacht Registry, Ltd. is providing Annual Representation Services, each jurisdiction in which such entity does business for which Delaware and Yacht Registry, Ltd. is appointed registered agent. For example, if an affiliate of Customer does business in 50 states and appoints Delaware and Yacht Registry, Ltd. as registered agent for each such state, that would represent 50 Units for that one affiliated entity of Customer. For each Annual Period, unless otherwise agreed between Delaware and Yacht Registry, Ltd. and the Customer, any service of process for any of the Customer's Units shall be subject to the Excess Service of Process price in accordance with Delaware and Yacht Registry, Ltd.'s standard pricing.
2. Transactional Services. Fees for the Transactional Services (described in B. below) shall be determined by Delaware and Yacht Registry, Ltd. and provided to Customer when such Services are requested by Customer. Transactional Services may be subject to additional terms and conditions.
B. DESCRIPTION OF AVAILABLE SERVICES
Following are summary descriptions of available Services as of the Effective Date, certain of which are optional. Available Services and subscriptions are subject to change. Certain Services may be subject to additional terms and conditions and fees.
SUBSCRIPTION SERVICES
Registered Agent/Service of Process: Delaware and Yacht Registry, Ltd. will provide registered agent services ("Registered Agent Services") for Customer and its affiliates identified in advance and in writing to Delaware and Yacht Registry, Ltd., which, among other things, allows Delaware and Yacht Registry, Ltd. to receive service of process ("Service of Process") on behalf of Customer at each of its registered offices specifically appointed as set forth below. In connection with Registered Agent Services:
Customer will:
i. Either provide notification in writing to Delaware and Yacht Registry, Ltd. that Delaware and Yacht Registry, Ltd. has been appointed as registered agent for each entity within each jurisdiction where registered or will request Delaware and Yacht Registry, Ltd. to complete the filings which appoints Delaware and Yacht Registry, Ltd. as registered agent for each entity in each jurisdiction.
ii. Provide Delaware and Yacht Registry, Ltd. with proper delivery instructions to forward Service of Process, official state communications, annual renewal billings for Services and other applicable invoices, such instructions to include contact name, phone number, email address, company name and physical address.
iii. (a) Notify Delaware and Yacht Registry, Ltd. in the event it discontinues (whether via dissolution, conversion, re-domestication or other action) any entity for which Delaware and Yacht Registry, Ltd. has been appointed as registered agent and (b) update the applicable jurisdiction's records for any such entity as necessary to effect such discontinuance and remove Delaware and Yacht Registry, Ltd. as registered agent therefor.
Delaware and Yacht Registry, Ltd. will:
i. Pursuant to applicable statutory law, receive and forward requisite documents for entities and jurisdictions for which Delaware and Yacht Registry, Ltd. has been appointed as registered agent in accordance with the above and deliver such documents as outlined within this Registered Agent Services/Service of Process section.
Registered Agent Services may include some or all of the following standard or optional features as agreed by Delaware and Yacht Registry, Ltd. and Customer:
Notification of Service of Process: Delaware and Yacht Registry, Ltd. provides Customer notification via e-mail, phone or fax when Delaware and Yacht Registry, Ltd. receives a Service of Process on behalf of Customer addressed to the correct and complete legal name of an applicable entity in an applicable jurisdiction. Delaware and Yacht Registry, Ltd. will forward each such Service of Process to a single addressee as instructed by Customer, which shall constitute effective delivery of such Service of Process by Delaware and Yacht Registry, Ltd. to Customer. If Customer requests that Delaware and Yacht Registry, Ltd. notify additional addressees regarding receipt of a Service of Process, Delaware and Yacht Registry, Ltd. may agree to do so as an accommodation to Customer (additional fees may apply), but such additional notices shall not be required for effective delivery of such Service of Process by Delaware and Yacht Registry, Ltd. to Customer. The following obligations shall apply:
Customer will:
i. Provide Delaware and Yacht Registry, Ltd. with addressee information, to include contact name, phone number, email address, company name and physical address, and inform Delaware and Yacht Registry, Ltd. of any changes thereto (changes may incur additional fees).
Delaware and Yacht Registry, Ltd. will:
i. Forward each such Service of Process as instructed by Customer and agreed by Delaware and Yacht Registry, Ltd. If customer makes changes to addressees, Delaware and Yacht Registry, Ltd. may continue forwarding to a prior addressee until it has reasonably implemented such change.
Annual Report Services: Allows Customer to complete annual report template which Delaware and Yacht Registry, Ltd. will then use to complete the annual report/franchise tax filing.
Customer will:
i. Complete template and order form to submit to Delaware and Yacht Registry, Ltd. for filing
ii. Be solely responsible for the data transmitted to Delaware and Yacht Registry, Ltd.
Delaware and Yacht Registry, Ltd. will:
i. Delaware and Yacht Registry, Ltd. will forward confirmation copy of filed tax report to the customer
TRANSACTIONAL SERVICES PROVIDED AT THE REQUEST OF CUSTOMER
Public Records Filing, Search and Retrieval: Upon request, Delaware and Yacht Registry, Ltd. can file, search and retrieve certain document types in available jurisdictions, including but not limited to:
- Formation documents for new entities
- Annual reports
- UCC searches and order copies
- Entity mergers
- Conversion of from one entity type to another
- Dissolutions, qualifications, withdrawals and other similar filings
- Good Standing Certificates
- Charter Documents (w/amendments)
- Name Change Documents
- Boat Registrations and Renewals
- FAA Registrations and Renewals
Customer will:
i. Provide the requisite information as requested by Delaware and Yacht Registry, Ltd. to perform filing, search or retrieval.
ii. Provide Delaware and Yacht Registry, Ltd. prepayment as requested and pursuant to the terms of this Agreement.
Delaware and Yacht Registry, Ltd. will:
i. Provide Customer with a copy of the filed or retrieved document or search results.
ii. Upon rejection or unavailability of document by the jurisdiction, provide notification to Customer so that Customer may take corrective action.
Name Searches/Availability and Name Reservation/Registration: Upon request, Delaware and Yacht Registry, Ltd. can search for availability of entity names in specified jurisdictions and can complete filings for name reservation or name registration in such jurisdictions.
Authentication / Apostille of Documents: Upon request, Delaware and Yacht Registry, Ltd. will provide apostille of certain legal documents for certain international filings.
Customer will:
i. Provide the requisite information and documentation as requested by Delaware and Yacht Registry, Ltd. to perform this service.
ii. Provide Delaware and Yacht Registry, Ltd. prepayment as requested and pursuant to the terms of this Agreement.
Delaware and Yacht Registry, Ltd. will:
i. Provide Customer with evidence of authentication or apostille, as applicable.
ii. Upon rejection by the jurisdiction, provide notification to Customer so that Customer may take corrective action.