How to Change Registered Agents in Delaware (DE) in 2024


Steve Goldstein
Steve Goldstein
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Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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Change registered agent in Delaware

Changing an appointed Registered Agent is not a frequent activity in any business. While forming an LLC in Delaware, it is mandatory to appoint a Registered Agent as a point of contact between the state and your LLC. However, there might be some times when changing of a registered agent is necessary. It might be the resignation or termination of the individual.

In Delaware, also known as The First State, there is a process to change the Registered Agent. In this article, the LLCBuddy editors come up with the methods available to change the registered agent in Delaware. The statement of change can be filed online or offline (whichever method is convenient).

What is Registered Agent in Delaware

The Delaware Registered Agent, appointed by the limited liability company, is a person who receives all the legal documents on your company’s behalf. To become a registered agent in Delaware, one must meet the following requirements,

registered agent
  1. The person must be or above 18 years old
  2. The person has to be a permanent resident of Delaware
  3. The person should have a legal permit to conduct business in Delaware
  4. The person must be available during business hours at the designated office address in Delaware

You can also be your own registered agent in Delaware. However, it is not wise to be your own agent as it can divert your attention from the core of your business.

How to Change a Registered Agent in Delaware

To change the Registered Agent in Delaware, one has to file the statement of change of the registered agent. You must pay the filing fee of $50 to complete your application. To file for the Statement of Change of Registered Agent and Registered Office Address with the Delaware Secretary of State, you can opt for any of the following methods:

Online Filing

To file the statement of change of registered agent in Delaware online, you must search for the appropriate online form. You can file your change of Registered Agent statement online if the online form is available through the Secretary of State. Follow the below-given instructions:

  • Visit the Delaware Secretary of State’s official website
  • Log in to the portal using your credentials.
  • On your dashboard, you will find the option to update your documents.
  • You will get an online form (or in PDF format)
  • Fill out the form (or download it on your PC, then fill it out) with the old and new registered agent’s details.
  • Submit (or upload) the completed form to the portal.
  • In the next section, you will get payment details (if applicable) and pay the fees using a credit card.

Your online change of registered agent update is done! It takes some time to update the details on the portal. Once it is updated, your new registered agent can start conducting business on your behalf immediately.

Filing Through Mail or In-person

If you want to file the statement of change of registered agent via mail or in person (if available), then you should follow the rules. For in-person or mail filings, you need to download the Delaware Change of Registered Agent (PDF) from the official website of the Delaware Secretary of State. Complete the form by filling in all the information about the LLC and both (new and existing) registered agents. The form has to be signed by the new registered agent. This will provide the consent of the new agent. Once completed, submit it to the below-mentioned address:

Important LinksSubmit Offline Form
Change of Registered Agent – Online
Delaware Change of Registered Agent – PDF
Delaware Registered Agent – Requirement
Delaware Division of Corporations, 401 Federal Street, Suite 4 Dover, DE 19901

Fee: The filing fee charged for changing the Delaware registered agent is $50. This fee will be paid to the Delaware Secretary of State by check or credit card.

If you hire a Registered Agent service, filing the Statement of Change would be much easier. Also, the registered agent will help you with the consent letter the new registered agent has to sign. LLCBuddy editorial team suggests a list of the best LLC services that offer registered agent services. Some of them offer standalone registered agent services.

Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –

#1 TOP PICK

 ZenBusiness Registered Agent – $199 Per Year

Registered Agent Consent Letter in Delaware

The registered Agent’s Consent letter is a document that a new registered agent must submit along with the formation document. It is a statement that the agent submits upon agreeing to work with the LLC. When you change the Registered Agent, you must also submit the consent letter signed by the new agent. In many states, submitting the Change of Registered Agent form does the job; sending any additional consent document to the SOS is unnecessary. However, there are many states where you must submit the consent letter separately and pay a certain fee (if applicable). This consent must include the following details-

  • LLC name
  • A letter that says the person gives consent to serve the LLC as a registered agent
  • The execution date
  • Name of the registered agent
  • Signature of the registered agent

In Delaware, there is a separate document called the Notice of Appointment of Registered Agent has to be submitted to the Office of the Attorney General of the State of Delaware, Department of Justice, Tobacco Litigation & Enforcement Unit, Carvel Office Building, 820 N. French Street, 5th Floor, Wilmington, Delaware 19801. You must get the Notice of Appointment of Registered Agent, fill it out, and submit it to the SOS. The agent must sign the form or self-attest. It is proof that the new Registered Agent has given the nod to provide their services to the LLC. An additional filing fee (or expedited fee) might be charged. Check Delaware Secretary of State for fee details.

BOI Reporting

As per the Corporation Transparency Act, from the 1st of January, 2024, every LLC and any other business entity must file the BOI report with FinCEN. In the BOI Report, the owner(s)’ details must be mentioned. It is to maintain the transparency of the organization. It is not required to mention the change of a registered agent while filing the BOI Report in Delaware. However, it is recommended to maintain a proper process and document for any changes made inside the LLC to maintain transparency under any act.

Why Do You Need to Change a Registered Agent in Delaware

There can be several reasons why LLCs want to change their registered agent in Delaware. Some of the main and most important reasons are listed below,

Be Your Own Registered Agent

A prevalent reason is that if anyone wants to be his/her own registered agent. Any LLC owner can be the registered agent himself/herself as per the Delaware Secretary of State. So, you may want to change the registered agent and become one yourself for your LLC. In that case, you must submit the change form with your details.

Want to Hire a Professional Registered Agent

You may have designated yourself or someone from the family as the registered agent for your LLC in the initial phase. But with expansion in business, your roles and responsibilities also expand. You may not be present at the office during working hours. A registered agent is required to be available in the office. So, you must hire a registered agent who could replace you.

Existing Registered Agent Resigns

If your current registered agent resigns or your service provider is out of business, you can change your Registered Agent in Delaware. You must change the registered agent if the existing one resigns or is out of service.

Forming foreign LLC

This is to be noted that a person is eligible to be a Delaware Registered Agent only if they are the Delaware resident. So, if you are forming a foreign LLC in Delaware, you might need to change your registered agent because not all registered agents are eligible to work in different states. 

FAQs

How do I change the registered agent in Delaware?
To change the registered agent in Delaware, you must submit a Change of Registered Agent form to the Delaware Division of Corporations.
What is the process for changing the registered agent in Delaware?
The process for changing the registered agent in Delaware involves completing and filing a Change of Registered Agent form with the appropriate fee.
Can I change the registered agent for my Delaware company online?
Yes, you can change the registered agent for your Delaware company online through the Delaware Division of Corporations website.
How much does it cost to change the registered agent in Delaware?
The cost to change the registered agent in Delaware is $50.
Is there a deadline for changing the registered agent in Delaware?
There is no specific deadline for changing the registered agent in Delaware, but it is recommended to do so promptly to avoid any issues with the state.
Do I need to notify my current registered agent of the change in Delaware?
Yes, you are required to provide written notice to your current registered agent in Delaware when changing to a new registered agent.
What information do I need to provide when changing the registered agent in Delaware?
When changing the registered agent in Delaware, you will need to provide the name and address of the new registered agent.
Can I act as my own registered agent in Delaware?
Yes, you can act as your own registered agent in Delaware as long as you have a physical address in the state.
Can a business entity be a registered agent in Delaware?
No, a business entity cannot serve as a registered agent in Delaware. The registered agent must be an individual or an authorized Delaware registered agent service.
How long does it take to change the registered agent in Delaware?
The process of changing the registered agent in Delaware typically takes a few business days after the form is submitted to the Division of Corporations.
What happens if I do not change the registered agent in Delaware?
If you do not change the registered agent in Delaware, you may be subject to penalties or administrative dissolution by the state.
Can I change the registered agent for multiple entities at once in Delaware?
Yes, you can change the registered agent for multiple entities at once in Delaware by listing all the entities on the Change of Registered Agent form.
Can I change the registered agent for a foreign entity in Delaware?
Yes, you can change the registered agent for a foreign entity in Delaware by following the same process as a domestic entity.
Do I need to provide a reason for changing the registered agent in Delaware?
No, you do not need to provide a reason for changing the registered agent in Delaware. The form simply requires the necessary information for the change to occur.
Can I change the registered agent for a non-profit organization in Delaware?
Yes, you can change the registered agent for a non-profit organization in Delaware using the same process as for a for-profit entity.
Does changing the registered agent in Delaware affect my company’s EIN or tax ID?
Changing the registered agent in Delaware does not impact your company’s EIN or tax ID. The EIN remains the same regardless of the registered agent.
Can I change the registered agent for a limited liability company (LLC) in Delaware?
Yes, you can change the registered agent for an LLC in Delaware by submitting the required form and fee to the Division of Corporations.
Are there any restrictions on who can be a registered agent in Delaware?
The registered agent in Delaware must have a physical street address in the state and be available during normal business hours to receive legal documents.
What is the role of the registered agent in Delaware?
The registered agent in Delaware is responsible for receiving legal and official documents on behalf of the company, such as lawsuits and tax notices.
Can I change the registered agent for a corporation in Delaware?
Yes, you can change the registered agent for a corporation in Delaware by following the same process as for other types of entities.
Is there a specific form for changing the registered agent in Delaware?
Yes, the Change of Registered Agent form is the official document required to change the registered agent in Delaware.
Can I change the registered agent for a partnership in Delaware?
Yes, you can change the registered agent for a partnership in Delaware by completing the appropriate form and submitting it to the Division of Corporations.
Can I choose any individual to be my registered agent in Delaware?
You can choose any individual 18 years or older with a physical address in Delaware to be your registered agent in the state.
Do I need to provide a mailing address for the new registered agent in Delaware?
Yes, you will need to provide both the physical address and mailing address for the new registered agent in Delaware.
Can I change the registered agent for a professional corporation in Delaware?
Yes, you can change the registered agent for a professional corporation in Delaware by following the same process as for other types of entities.
Can a post office box be used as the address for the registered agent in Delaware?
No, a post office box cannot be used as the address for the registered agent in Delaware. A physical street address is required.
Can I change the registered agent for a limited partnership (LP) in Delaware?
Yes, you can change the registered agent for a limited partnership in Delaware by submitting the required form and fee to the Division of Corporations.
Can I change the registered agent for a limited liability partnership (LLP) in Delaware?
Yes, you can change the registered agent for a limited liability partnership in Delaware by completing the necessary form and filing it with the state.
Can I change the registered agent for a statutory trust in Delaware?
Yes, you can change the registered agent for a statutory trust in Delaware by following the same process as for other types of entities.
How do I change my registered agent in Delaware?
To change your registered agent in Delaware, you must file a Change of Registered Agent form with the Delaware Division of Corporations.

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In Conclusion

Registered Agents are the most important individuals in an LLC. They must be trustworthy, capable, and efficient to handle all the paperwork and documentation. During your business, you may arrive at a point where you need to change the registered agent. The need may arise when the existing agent wants to quit, or you are terminating the existing agent or expanding your business. Changing the Delaware registered agent can be necessary in various situations.

Changing Registered Agent in Delaware is not a complicated process, however, it is better to get a service provider, such as ZenBusiness. It not only offers the registered agent service at a reasonable price but also offers LLC formation at $0. This article has it all. If you have any queries about changing a registered agent, you can drop a comment below in the box.

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