This blog was last updated on April 14, 2026

Delaware Secretary of State (SOS) VDA invitation letters are expected to be issued on April 10, 2026 and August 14, 2026 – with a 90-day window to accept.

If your organization receives a Delaware VDA invitation, it’s worth reviewing it right away and confirming who internally will own the response. The acceptance window is short: you have 90 days from the date of the invitation to enroll. If you do not accept within that period, Delaware will refer the holder for an audit.

Make sure the letter reaches the right people

A common reason organizations miss the 90-day window is simple: the invitation letter doesn’t land with the team that manages unclaimed property. Consider proactively alerting your unclaimed property contacts, CFO, other C-suite leaders, and your Delaware registered agent so the letter is recognized and routed quickly—especially if mail is delivered to a corporate headquarters outside the United States.

Need help responding?

If you receive an invitation, Sovos’ unclaimed property consulting team can act as a Holder Advocate and help you plan a timely, well-documented response. We support organizations through key VDA steps and help reduce disruption to internal teams while working to protect company assets.

Even if you don’t receive a 2026 invitation, Delaware’s VDA may still be worth considering. If you identify meaningful historical exposure tied to Delaware, proactive participation may be an option.

Why organizations choose Delaware’s Unclaimed Property VDA

1. Eliminate penalties and interest — Delaware’s penalties and interest are among the highest in the nation. SB 13 (effective August 2017) introduced interest of up to 50% plus penalties on property identified as due through an audit. SB 104 further reaffirmed the state’s position regarding interest by making it mandatory and non-waivable for most audits.
2. Reduce audit risk — Upon successful completion of the VDA, Delaware agrees not to audit the holder for the entities, property types, and years included in the VDA scope, except in cases involving evidence of fraud.
3. Obtain a broad release — After completing the VDA program, Delaware issues a comprehensive release of liability, including for delivery of past-due property through the date of the final deliverable.
4. Shorten the review timeline — In many cases, the VDA can be completed within two years. By comparison, an audit may take three to seven years, often with a larger internal time commitment.
5. Apply more favorable review criteria — Under the Delaware VDA Program Regulations, disbursements outstanding or voided more than 90 days from the date of issue must be included in the potentially escheatable population. Delaware audit requirements expand this criterion to include transactions voided more than 30 days from the date of issue, which can significantly increase potential exposure.
6. Maintain greater control of the process — The VDA can be tailored to focus on entities with potential Delaware exposure. You may also be able to select the property types included in scope, providing greater control over the process and the impact on internal teams.
7. Identify gaps and improve compliance — An independent review can help you validate what is working, identify process gaps, and prioritize fixes. The work performed and documentation developed during a Delaware VDA can also serve as a foundation for strengthening compliance in other states where exposure may exist.

Post-Delaware VDA Responsibilities

One final note: completing the VDA is not the end of the story—there are follow-on filing requirements to keep the protections in place.

After you execute the VDA-2 agreement and report the agreed-upon amounts due, Delaware requires ongoing annual reporting. Under the terms of SOS VDA-2 agreements, holders must file annual reports with Delaware for at least three years to maintain the protections provided through the VDA—even if no property is due (a negative or zero-dollar report). Not filing can create the appearance of noncompliance, may jeopardize audit protection, and may trigger a Delaware Verified Report or Compliance Review. Delaware may issue a warning letter to the individual listed on the VDA-2 form no earlier than 30 days after the annual report deadline.

Many organizations choose to continue filing with Delaware after the VDA to help demonstrate ongoing compliance. While Delaware does not require negative reports, submitting one when nothing is due is widely viewed as a best practice—including after the three-year requirement—because it documents that an annual review was completed.

If you receive a Delaware VDA invitation—or assessing whether a proactive filing makes sense—Sovos can support you as a holder advocate throughout the process. To discuss your situation and next steps, Talk to an Expert.