Shutdown data checklist
Closing a company means filings, notices to staff, final tax returns and decisions about records, in an order that matters: export data before you cancel the accounts that hold it. Answer five questions and the checklist drops the steps that don’t apply to you.
This page is general information, not legal, tax or financial advice. Talk to a qualified professional about your situation.
The full checklist
Legal and filings
Record the decision to close
Have the owners or the board approve the dissolution and keep the signed record. Your operating agreement or bylaws say who must vote.
File dissolution documents in your state of formation
Without them the state treats the company as active, and fees and filings keep falling due.
Delaware: bring franchise tax and annual reports up to date, then file a Certificate of Dissolution
Delaware says franchise taxes keep accruing until a Certificate of Dissolution is filed. Annual reports are due March 1, with a $200 penalty plus 1.5% interest a month if late.
Cancel registrations, permits, licenses and trade names
Withdraw foreign registrations in every other state where the company is registered to do business.
List contracts with notice periods
Leases, vendor agreements and customer contracts often need written notice. Check what each one says about termination and about returning or deleting data.
People
Check the federal WARN Act: 60 days’ notice
Employers with 100 or more full-time employees must give 60 days’ notice of a plant closing or mass layoff. Whether it applies depends on how many people lose their jobs at each site.
California WARN: 60 days’ notice from 75 employees
California’s law covers employers with 75 or more full- or part-time employees in the prior 12 months, and layoffs of 50 or more in 30 days regardless of percentage.
New York WARN: 90 days’ notice from 50 employees
New York’s law covers employers with 50 or more full-time employees in the state and requires 90 days’ notice; closings affecting 25 or more employees are covered.
Send COBRA notices if you have a group health plan
COBRA generally applies to employers with 20 or more employees. The employer notifies the plan within 30 days, the plan sends election notices within 14 days, and people get at least 60 days to elect.
Pay final wages on your state’s deadline
States set their own deadlines for final paychecks and for paying out accrued vacation. Check with your state labor department before the last day.
Offboard people without deleting their accounts
Remove access first. Deleting a user can delete the mailbox and files with it, so export or transfer ownership before any account is removed.
Taxes and finance
File final federal returns
Check the “final return” box, file the final Form 941 or 944 with the closing date and Form 940, and issue W-2s for final wages.
Corporations: file IRS Form 966
File Form 966 within 30 days after the resolution or plan to dissolve is adopted, and again within 30 days of any amendment.
Close state tax and payroll accounts
Sales tax, withholding and unemployment insurance accounts stay open until you close them, and returns keep falling due.
Settle debts and close bank accounts last
Keep one account open until final refunds, deposits and payments have cleared.
Accounts and subscriptions
List every software account, its admin and its renewal date
Cancelling in the wrong order is how records are lost. Note who holds the admin login for each one.
Export email and drives before cancelling
Google says data can’t be restored after you cancel Google Workspace. Microsoft 365 data moves through expired and disabled stages and is deleted no later than 180 days after cancellation.
Export Slack or Teams history, and do not downgrade Slack to free first
On free Slack workspaces, messages and files older than one year are deleted on a rolling basis and can’t be restored. Private channels and DMs need Business+ or Enterprise export tools.
Export CRM records with their history
Export accounts, contacts, deals and activity, not just the contact list. Check the vendor’s deletion timeline before you stop paying.
Export support tickets and project boards
Some helpdesks limit exports by plan or turn off access when the account is cancelled, so export while the plan is active.
Archive code repositories before deleting the organization
GitHub says a deleted organization’s content cannot be restored. Clone or archive repositories first.
Export the accounting file
QuickBooks Online keeps read-only access for one year after cancellation. Other tools may archive data at once, so export reports and the full ledger first.
Records and data
Keep tax records for 3 to 7 years
The IRS period is generally 3 years, 4 years for employment tax records, 6 years if income was underreported by more than 25%, and 7 years for a bad-debt or worthless-securities claim.
Keep payroll records for at least 3 years
The Fair Labor Standards Act regulations require payroll records for at least 3 years and supplementary records such as time cards for at least 2.
Keep Forms I-9 for the required period
Keep each form for 3 years after the date of hire or 1 year after employment ended, whichever is later.
Name one person to keep the archive after closing
Store the exports somewhere that does not depend on the company’s cancelled accounts, with the owner’s contact details in the dissolution file.
Keep the promises in your privacy policy
Decide what customer personal data must be kept, returned or deleted, in line with your privacy policy and contracts. Delete what you no longer need.
Before deleting anything, check whether the records could be licensed
Some AI developers license de-identified copies of email, chat, documents and tickets, including from companies that have closed, as long as the accounts still exist.
Questions people ask
Is this checklist complete for my state?
No. It covers the federal steps, the state rules we have checked against official sources (California and New York WARN, Delaware dissolution) and the data steps. Your state may have its own tax clearance, final-pay or notice rules. Use it with your accountant and lawyer.
What happens to my answers?
They stay in your browser. If you ask for an emailed copy, we store your email, your answers and the page you came from so we can send it. Details are in our privacy policy.
Why is licensing records on a shutdown checklist?
Because the records step is when company data is either kept, deleted or licensed. Some AI developers license de-identified copies of email, chat and documents, including from closed companies, but only while the accounts still exist.
Sources
- SBA: Close or sell your business
- Delaware Division of Corporations: FAQs
- US Department of Labor: WARN
- California EDD: WARN
- New York State DOL: WARN
- US DOL: An Employer’s Guide to COBRA
- IRS: Closing a business
- IRS Form 966 and instructions (PDF)
- Google Workspace Admin Help: Cancel Google Workspace
- Slack Help Center: Export your workspace data
- GitHub Docs: Deleting an organization account
- QuickBooks: Cancel your subscription and data
- IRS: How long should I keep records?
- 29 CFR 516.5 (Cornell LII)
- USCIS: Retaining Form I-9