Introduction
During the Equity Financing workflow, there are several documents that must be filed with or obtained from the Delaware Secretary of State. We will inform you of what needs to be filed or obtained at the appropriate moment in the workflow. This article will briefly outline what documents you will need to have during the equity financing workflow, which ones you will create, and your options when it comes to getting or filing these documents.
What Filings Are Associated with This Workflow?
During the early stages of the Equity Financing workflow, you will be asked to request and upload your Certificate of Good Standing from Delaware (and any other states where your company may be registered to do business). You can expect this step right after your counsel has passed the Checkpoint page of the Prepare for Closing documents panel. Through our platform, you can submit a request for your company's Certificate of Good Standing, and we will obtain it for you (for a fee), or you can choose to upload a copy of the document you obtained elsewhere (e.g. through your lawyer or registered agent).
Once you have uploaded your Certificate of Good Standing, finished uploading the Counsel Opinion, and gathered all of the necessary signatures, you will reach a point in the workflow where it is time to file your Amended and Restated Certificate of Incorporation. As you progress through the workflow, you will need to file the Charter with Delaware so that the state has a record of the changes which occurred to your company during this financing process. Your attorney can assist with coordinating this process through your registered agent.
What Options Do I Have When It Comes to Filing?
We can both request of your Certificate of Good Standing and file your new Charter with Delaware during our Equity Financing workflow, if you choose to complete these actions through our platform for an additional fee.
For a fee of $200, we can obtain a Certificate of Good Standing from Delaware for you within 2-3 days. We can also request Certificates of Good Standing from other states. The price of obtaining Certificates from other states varies between $100 and $600; the price of your selections will be shown to you in the workflow.
With respect to your Charter, for a fee of $775, we can submit your Charter to Delaware for filing. It will take 2-3 days to obtain the filed copy from Delaware. If you want your Charter filed sooner than that (and companies often do), please do not use our platform. Instead, work with your attorney to complete this filing.
Fidelity Private Shares LLC provides cap table management and other administrative services to private companies and their equity compensation plans.
Fidelity does not provide legal or tax advice. The information herein is general in nature and should not be considered legal or tax advice. Consult an attorney or tax professional regarding your specific situation.
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