Delaware Certificate of Incumbency

Delaware Certificate of IncumbencyHave you been asked to provide a Delaware Certificate of Incumbency naming the current directors, officers, or shareholders of your Corporation? Or, the members and/or managers and beneficial owners of your limited liability company (LLC)?

A Certificate of Incumbency is a document frequently requested from a company by foreign banks in order to open a business bank account, by government agencies for various reasons, by other companies before entering into certain business transactions with your company, or for additional corporate purposes.

While a Delaware company is permitted to issue its own Certificate of Incumbency, commonly done by the Secretary, we've heard that this not acceptable when the document is being used outside the US; the third party does not want to rely on the company's own documentation and typically expects to see the Certificate of Incumbency issued by the registered agent.

Delaware & Yacht Registry Ltd. can issue a notarized Delaware Certificate of Incumbency for companies using our registered agent service. Remember, some information, including the ownership of the LLC or corporation, is private and not routinely listed on any legal filing on record with the Delaware Division of Corporations; an authorized person of the company would need to provide the information to us from the corporate records.

Keep in mind, a Delaware registered agent does not have the authority to confirm the status of the company, so a Certificate of Good Standing issued by the Delaware Secretary of State is often recommended in combination with the Certificate of Incumbency.

An Apostille/Authentication can be attached to the notarized Certificate of Incumbency for use in countries outside the United States.

We hope this information was helpful to you. If we are not currently your registered agent in the State of Delaware, you will need to switch agents to us. Ask us how! Get in touch with us here.