How to Change Registered Agent in Delaware – A Complete Guide

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Change registered agent in Delaware

Change Registered Agent in Delaware: A registered agent in Delaware is a point of contact between your LLC and the state. You must appoint a Registered Agent when you form an LLC in Delaware. At any point in time, you might need to replace/change your Registered Agent in Delaware. When it comes to changing the registered agent in Delaware, it is a straightforward method. To change your Registered Agent in Delaware, one has to submit the statement of change of the Registered Agent. It can be filed online or by mail.

In this article, you will learn how to change registered agent in Delaware. Also, you will get to learn when and why you have to change your Registered Agent, appointed for your Delaware LLC.

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,

  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.
  • You will find the ‘Update’ option in your dashboard if the online update option is available.
  • Click on the ‘update’ option to find the ‘registration’ option.
  • 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 updation 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.

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.

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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.

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 very common 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. And 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

What is a registered agent in Delaware?
An individual or a company that is responsible for receiving legal documents such as lawsuits or subpoenas on behalf of a business entity in Delaware.
Can I change my registered agent online in Delaware?
Yes, you can change your registered agent online using the Delaware Division of Corporations’ website.
What is the process for changing registered agent in Delaware?
The process for changing registered agent in Delaware involves filing a Certificate of Change of Registered Agent/Registered Office with the Delaware Division of Corporations.
Is there a fee for changing registered agent in Delaware?
Yes, there is a fee of $50 for changing the registered agent in Delaware.
What are the requirements for a registered agent in Delaware?
The registered agent must have a physical address in Delaware, be available during regular business hours, and be knowledgeable about corporate statutes and processes.
How long does it take to change registered agent in Delaware?
It typically takes a few business days for the Delaware Division of Corporations to process the request to change registered agent.
Can I change my registered agent and registered office at the same time in Delaware?
Yes, you can change your registered agent and registered office at the same time by filing a single Certificate of Change of Registered Agent/Registered Office form.
Will changing my registered agent affect my corporate status in Delaware?
No, changing your registered agent will not affect your corporate status in Delaware.
If I change my registered agent, do I need to notify any other parties in Delaware?
You generally do not need to notify any other parties in Delaware when you change your registered agent.
Can I serve as my own registered agent in Delaware?
Yes, you can serve as your own registered agent in Delaware if you meet the requirements for a registered agent.
How do I find out who my current registered agent is in Delaware?
You can search for your current registered agent in Delaware on the Delaware Division of Corporations’ website.
Can a business entity have more than one registered agent in Delaware?
No, a business entity can have only one registered agent in Delaware.
What happens if I do not change my registered agent in Delaware?
If you do not change your registered agent in Delaware, your legal documents may not be received on time or at all.
Can I change my registered agent if I have pending legal actions in Delaware?
Yes, you can change your registered agent even if you have pending legal actions in Delaware.
Will my new registered agent receive all of my previous legal documents in Delaware?
No, your previous registered agent in Delaware will continue to receive any legal documents that were already sent.
Can I change my registered agent at any time in Delaware?
Yes, you can change your registered agent at any time in Delaware.
What happens to my old registered agent after I change to a new one in Delaware?
Your old registered agent will no longer receive any legal documents on your behalf in Delaware.
How do I know if my request to change registered agent in Delaware has been processed?
You will receive a filing confirmation from the Delaware Division of Corporations after your request to change registered agent has been processed.
Can I change my registered agent over the phone in Delaware?
No, you cannot change your registered agent over the phone in Delaware.
What should I do if my registered agent in Delaware is no longer available?
You should file a Certificate of Change of Registered Agent/Registered Office form with the Delaware Division of Corporations to change your registered agent.
Do I need to provide any supporting documents when changing my registered agent in Delaware?
No, you generally do not need to provide any supporting documents when changing your registered agent in Delaware.
Can I change my registered agent if I am not located in Delaware?
Yes, you can change your registered agent in Delaware even if you are not located in Delaware.
Will changing my registered agent result in any tax consequences in Delaware?
No, changing your registered agent will not result in any tax consequences in Delaware.
Do I need to notify the IRS if I change my registered agent in Delaware?
No, you generally do not need to notify the IRS if you change your registered agent in Delaware.
Can I change my registered agent to a foreign business entity in Delaware?
No, your registered agent in Delaware must have a physical address in Delaware and be qualified to do business in the state.
What should I do if I made a mistake on my Certificate of Change of Registered Agent/Registered Office form in Delaware?
You should file an Amended Certificate of Change of Registered Agent/Registered Office form with the Delaware Division of Corporations to correct any mistakes.
Can I change my registered agent if my business entity is currently inactive in Delaware?
Yes, you can change your registered agent even if your business entity is currently inactive in Delaware.
Will changing my registered agent affect my business banking in Delaware?
No, changing your registered agent will not affect your business banking in Delaware.
When should I change my registered agent in Delaware?
You may need to change your registered agent in Delaware if your current registered agent resigns, becomes unavailable, or if you are no longer satisfied with their services.
What is the process for changing a registered agent in Delaware?
To change your registered agent in Delaware, you need to file a change of agent form with the Delaware Division of Corporations.
Can I change my registered agent in Delaware online?
Yes, you can change your registered agent in Delaware online through the Delaware Division of Corporations’ website.
How much does it cost to change a registered agent in Delaware?
The fee to change your registered agent in Delaware is $50.
How long does it take to change a registered agent in Delaware?
It typically takes less than a week to change your registered agent in Delaware, provided that all required information is submitted correctly and promptly.
What information do I need to provide when changing my registered agent in Delaware?
You will need to provide the name and address of the new registered agent, along with a signature of the business entity’s authorized representative.
What happens if I fail to maintain a registered agent in Delaware?
If you fail to maintain a registered agent in Delaware, your business entity may fall out of good standing, which can result in penalties, fines, and potential dissolution of the entity.
Where can I find a list of registered agents in Delaware?
You can find a list of registered agents in Delaware through the Delaware Division of Corporations’ website or by conducting an online search through a search engine.
Can I be my own registered agent in Delaware?
Yes, you may act as your own registered agent in Delaware as long as you maintain a physical address within the state and are available during normal business hours to accept service of process and other documents.
Can I change my registered agent for multiple business entities at once in Delaware?
No, you must file a separate change of agent form for each business entity that you wish to change the registered agent for in Delaware.
What happens to documents that are sent to my old registered agent in Delaware after I’ve changed agents?
The old registered agent must forward any documents to the new registered agent or directly to the business entity within a reasonable amount of time.
Do I need to notify anyone else when changing my registered agent in Delaware?
No, you do not need to notify any other parties when changing your registered agent in Delaware.
What is the role of a registered agent in Delaware?
A registered agent in Delaware is responsible for receiving important legal and tax documents on behalf of a business entity and forwarding them to the appropriate personnel.
Can a registered agent in Delaware be a foreign entity or individual?
Yes, a registered agent in Delaware can be a foreign entity or individual as long as they have a physical address within the state and are authorized to conduct business.
How long does my new registered agent’s appointment last in Delaware?
Your new registered agent’s appointment in Delaware lasts until you choose to appoint a different agent and file the appropriate change of agent form.
What is the difference between a principal address and registered agent address in Delaware?
The principal address is the main physical location of the business entity in Delaware, whereas the registered agent address is the physical location where important legal and tax documents are received.
Do I need to appoint a registered agent if my business entity is fully managed by me and has no physical presence in Delaware?
Yes, you still need to appoint a registered agent in Delaware if your business entity is registered in the state.
What happens if I provide a false or outdated address for my registered agent in Delaware?
Providing false or misleading information for your registered agent in Delaware can result in legal and financial penalties, loss of good standing, and potential dissolution of the entity.
How can I check the status of my-entity’s registered agent in Delaware?
You can check the status of your-entity’s registered agent in Delaware through the Delaware Division of Corporations’ website or by contacting the appropriate personnel directly.
Can my-entity have more than one registered agent in Delaware?
No, a business entity in Delaware can only have one registered agent at a time.
Can I change my-entity registered agent in Delaware if I’m not the original incorporator?
Yes, you can change your-entity registered agent in Delaware as long as you are authorized by the entity’s owners or directors to do so.
Can I change my-entity’s Delaware registered agent on my own or do I need to consult an attorney?
You can change your-entity’s Delaware registered agent on your own, although it may be beneficial to consult with legal counsel to ensure that all procedures are followed correctly.
Is there a penalty if I forget to file the change of agent form on time?
Yes, the Delaware Division of Corporations may impose a penalty fee if you fail to file the change of agent form on time.
Do I need to provide a reason for changing my registered agent in Delaware?
No, you do not need to provide a reason for changing your registered agent in Delaware.
What happens if I miss the deadline to change my registered agent in Delaware?
If you miss the deadline to change your registered agent in Delaware, your business entity may fall out of good standing and potentially face penalties.
Can I change my registered agent for free in Delaware?
No, you must pay the $50 fee to change your registered agent in Delaware.
Is there a grace period to appoint a new registered agent in Delaware?
No, there is no grace period to appoint a new registered agent in Delaware. You must file the change of agent form promptly to avoid potential penalties and fines.

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In Conclusion

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. It is quite simple as it can be done online and through mail filing. This article has it all. If you have any queries about changing a registered agent, you can drop a comment below in the box.


About Author & Editorial Staff

Steve Goldstein, founder of LLCBuddy, is a specialist in corporate formations, dedicated to guiding entrepreneurs and small business owners through the LLC process. LLCBuddy provides a wealth of streamlined resources such as guides, articles, and FAQs, making LLC establishment seamless. The diligent editorial staff makes sure content is accurate, up-to-date information on topics like state-specific requirements, registered agents, and compliance. Steve's enthusiasm for entrepreneurship makes LLCBuddy an essential and trustworthy resource for launching and running an LLC.

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