In a move of interest to both businesses organized under Delaware law and businesses that hold funds owned by Delaware residents, Delaware’s unclaimed property voluntary compliance program has been extended. Pursuant to 79 Del. Laws, c. 278 (the “Act”), which was signed by Governor Markell on June 30, 2014, the deadline to enter the Secretary of State’s voluntary compliance program (the “SOS VDA Program”), has been extended to September 30, 2014, and the deadline to resolve all unclaimed property liability under that program has been extended to June 30, 2016. Before the Act, those deadlines had been June 30, 2014 for entry into the SOS VDA and June 30, 2015 for resolution of liabilities.

The SOS VDA offers participants the opportunities to reduce years of liability and to eliminate interest and penalties.

Those who should participate include holders of property owned by Delaware residents and businesses organized under Delaware law that cannot locate a last known address for the owner of property. This second category, based on the holder’s place of organization, follows the U.S. Supreme Court case Texas v. New Jersey, 379 U.S. 674 (65), pursuant to which unclaimed property will be reported to the state of the owner’s …