At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve Goldstein, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.
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.
On this page, you’ll learn about the following:
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,
- The person must be or above 18 years old
- The person has to be a permanent resident of Delaware
- The person should have a legal permit to conduct business in Delaware
- 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 Links | Submit 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 –
LegalZoom Registered Agent – $299 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.
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
Also Read
- Change Registered Agent in Alabama
- Change Registered Agent in Alaska
- Change Registered Agent in Arizona
- Change Registered Agent in Arkansas
- Change Registered Agent in California
- Change Registered Agent in Colorado
- Change Registered Agent in Connecticut
- Change Registered Agent in DC
- Change Registered Agent in Delaware
- Change Registered Agent in Florida
- Change Registered Agent in Georgia
- Change Registered Agent in Hawaii
- Change Registered Agent in Idaho
- Change Registered Agent in Illinois
- Change Registered Agent in Indiana
- Change Registered Agent in Iowa
- Change Registered Agent in Kansas
- Change Registered Agent in Kentucky
- Change Registered Agent in Louisiana
- Change Registered Agent in Maine
- Change Registered Agent in Maryland
- Change Registered Agent in Massachusetts
- Change Registered Agent in Michigan
- Change Registered Agent in Minnesota
- Change Registered Agent in Mississippi
- Change Registered Agent in Missouri
- Change Registered Agent in Montana
- Change Registered Agent in Nebraska
- Change Registered Agent in Nevada
- Change Registered Agent in New Hampshire
- Change Registered Agent in New Jersey
- Change Registered Agent in New Mexico
- Change Registered Agent in New York
- Change Registered Agent in North Carolina
- Change Registered Agent in North Dakota
- Change Registered Agent in Ohio
- Change Registered Agent in Oklahoma
- Change Registered Agent in Oregon
- Change Registered Agent in Pennsylvania
- Change Registered Agent in Rhode Island
- Change Registered Agent in South Carolina
- Change Registered Agent in South Dakota
- Change Registered Agent in Tennessee
- Change Registered Agent in Texas
- Change Registered Agent in Utah
- Change Registered Agent in Vermont
- Change Registered Agent in Virginia
- Change Registered Agent in Washington
- Change Registered Agent in West Virginia
- Change Registered Agent in Wisconsin
- Change Registered Agent in Wyoming
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.