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Delaware Workers' Comp Exclusion Form

This document is an agreement form for executive officers of corporations or members of limited liability companies (LLCs) to elect not to be subject to Delaware's workers' compensation law. Up to eight executive officers of a non-construction corporation or up to four members of an LLC can make this election. For construction corporations, up to four executive officers can elect out of coverage. The form requires information about the business and lists the names and titles of those electing not to have coverage, along with signatures and dates. It notes the business type and number of exclusions allowed. It also provides instructions for submitting the form to the business's insurance carrier and any general contractors.

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Maurice Anthony
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136 views0 pages

Delaware Workers' Comp Exclusion Form

This document is an agreement form for executive officers of corporations or members of limited liability companies (LLCs) to elect not to be subject to Delaware's workers' compensation law. Up to eight executive officers of a non-construction corporation or up to four members of an LLC can make this election. For construction corporations, up to four executive officers can elect out of coverage. The form requires information about the business and lists the names and titles of those electing not to have coverage, along with signatures and dates. It notes the business type and number of exclusions allowed. It also provides instructions for submitting the form to the business's insurance carrier and any general contractors.

Uploaded by

Maurice Anthony
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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FORM DCRB-EXCL 12/09

AGREEMENT BY EXECUTIVE OFFICER(S)/LLC MEMBERS(S) NOT TO BE SUBJECT TO THE DELAWARE WORKERS


COMPENSATION LAW
Executive officers of corporations and members of Limited Liability Companies (LLCs) are covered under the Delaware
Workers Compensation Law. However, up to eight (8) executive officers who are stockholders of a corporation or up to four
(4) members of an LLC may elect not to be subject to Delaware Workers Compensation Law by completing this agreement
with their corporation/LLC. SPECIAL NOTE: - CONSTRUCTION corporations/ LLCs subject to Title 30, Chapter 25 of the
Delaware Code may elect to exclude up to four (4) executive officers who are stockholders of a corporation or up to four (4)
members of an LLC. Executive Officers are the president, any vice president, secretary, treasurer or any other executive
officer(s) elected by the board of directors in accordance with the charter and the regularly adopted by-laws of the corporation.
This Executive Officer/LLC member Exclusion Procedure must be repeated each time a corporation/LLC wishes to change the
status of any executive officer/LLC member and/or secures coverage from a different carrier group.
Name of business

_____________________________________________________________________________________________
Address of business

_____________________________________________________ ___________________ ______ __________
Street/Road/PO Box Town/City State Zip code

Federal Employer Identification Number

Business has employee(s) (other than those listed below) - please check here ____
Business does not have employee(s) (other than those listed below) - please check here____

Please check type of business
! Corporation Not Subject to Title 30, Chapter 25 (non construction) Maximum 8 exclusions
! Corporation Subject to Title 30, Chapter 25 (construction) Maximum 4 exclusions
! Limited Liability Company (LLC) Maximum 4 exclusions

_____________________________________________________ ____________ ____________________
Signature of Representative of Corporation or LLC Title Date

Named below are the executive officer(s)/LLC member(s) electing not to be subject to the Delaware Workers
Compensation Law:

NAME(s) MEMBER STOCKHOLDER
(Print name) TITLE OFFICER(S) SIGNATURE YES/NO DATE





Additional space below cannot be used by Title 30, Chapter 25 corporations or any limited liability company.






IMPORTANT: If you have workers compensation insurance, you must submit the original of this completed form to
your insurance carrier, together (in the case of a corporation) with the shareholders resolution(s), shareholders
agreement(s), and/or shareholders written consent(s) evidencing the executive officer status of the electing executive
officer(s), or together (in the case of an LLC) with the operating agreement and/or certificate of formation evidencing the
member status of the electing member(s). If you are a subcontractor, you must also provide a copy of the same
documents to each general contractor by whom you are hired.

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