Delaware Code

12 Del. C. § 1185 (2026)

Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25]

✓ current as of May 2026
Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(a) The State Escheator may, for good cause, waive, in whole or in part, interest and penalties under § 1183 or § 1184 of this title, subject to the following requirements:

(1) Except as provided in (a)(2) of this section, interest must be no less than 20% per incident for any holder who receives a notice of examination after August 1, 2021.

(2) Interest must be 1% per incident for any holder who receives a notice of examination after August 1, 2021, who completes and remits payment pursuant to a Department of Finance expedited examination process under § 1172(c) of this title.

(3) For the purposes of this section, “per incident” means the total past-due examination liability, including any estimated liability under § 1176(a) of this title.

(4) The State Escheator shall not waive interest and penalties for any examination initiated pursuant to information provided by a whistleblower, provided that the whistleblower and any of its agents and counsel have complied with the obligations set forth in the written agreement required by § 1191(a) of this title.

(b) The Secretary of State may waive interest due on outstanding unpaid amounts reported through the Secretary of State’s voluntary disclosure program pursuant to § 1173 of this title.

(c) [Repealed.]

81 Del. Laws, c. 1, § 281 Del. Laws, c. 48, § 783 Del. Laws, c. 59, § 2284 Del. Laws, c. 367, § 2
Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Eaton Corp. v. Geisenberger (D. Del. 2020).
Eaton Corp. v. Geisenberger (D. Del. 2020). “” For example, how the State Escheator exercises its discretion, see 12 Del. C. § 1185(a), (c) (empowering State Escheator, for good cause, to waive, in whole or in part, all applicable penalties and up to 50% of applicable interest under § 1183 or § 1184 of the same title), the…”
— 12 Del. C. § 1185(a) — 1 case
Eaton Corp. v. Geisenberger (D. Del. 2020). “” For example, how the State Escheator exercises its discretion, see 12 Del. C. § 1185(a), (c) (empowering State Escheator, for good cause, to waive, in whole or in part, all applicable penalties and up to 50% of applicable interest under § 1183 or § 1184 of the same title), the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.