Delaware Registered Agent: If you wish to start a Delaware LLC, you have to appoint a registered agent. According to Delaware State Law, it is mandatory to have a Delaware Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Delaware, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Delaware Registered Agent.
On this page, you’ll learn about the following:
What is a Delaware Registered Agent
A registered agent (or a statutory agent or a resident agent) in Delaware is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Delaware LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Delaware, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Delaware
You may have several options for hiring a registered agent in Delaware. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Delaware can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Delaware always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Delaware
You can choose a Delaware Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a Delaware Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Delaware
At the time of submitting the Delaware Certificate of Formation, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Delaware LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Delaware by mail, you need to download the Delaware LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read the Delaware Certificate of Formation.
Cost of a Delaware Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Delaware.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in Delaware
To change the Delaware registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Delaware Secretary of State via mail or online filing. Here’s how to change a registered agent in Delaware.
File By Email
For online filing, you need to get the online form, which is available on the Delaware Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Delaware Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form, along with the cover sheet, must be sent to the following address,
Mail to: Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
How to Pay: The filing amount is payable to the Delaware secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Delaware Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Delaware. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Delaware ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Delaware to publicly upload their address to the Delaware Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Delaware SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Delaware or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Delaware Business Laws for Registered Agents to Note
In Delaware, there is a set of business laws that every business has to follow. As your registered agent is responsible for forming your LLC and handling your documents, they are responsible for handling these laws as well. Following are the business laws one has to follow in Delaware when forming an LLC.
Deceptive Trade Practices Law
In Delaware, attempting any deceptive trade practices leads to heavy penalties. If any company or business misleads buyers on the basis of quality, quantity, ingredients (raw materials), or any such sort, they can be heavily fined. A penalty from $100 to $10,000 can be levied on the accused. Delaware Deceptive Trade Practice Law has a time span of three years to bring the claim.
Delaware State has Antitrust law to prevent monopolizing in the open market. The law aims to protect the customers as well as business competitors from having a competitive price in the market. For the Antitrust Law, a successful plaintiff can revive the Attorney fees under this law.
An attorney can bring the claim within the 3-year of timespan. The accused can be punished either by paying fines, imprisonment, or both in such cases.
Interest Rates Law
In Delaware, like California, they have Usury. That means any interest rate charged over the legal threshold will be considered to be illegal. The maximum interest rate threshold of consumer or non-consumer loans is 5%. Whether it is decided over a written document or a non-written document, the maximum rate of interest is 5%.
Violating the rules, the debtor can claim 3-times the additional interest rate charged or $500, whichever is greater. The time span to bring the claim is 1 year.
Wage and Hour Laws
Every state in the United States has wage and hour laws to protect workers. In Delaware, the state government has set a threshold of a minimum of $8.25 per hour. At the same time, the minimum hourly wage set by the federal government is $7.25. Any employer offering less than any of these wages is subjected to be accused under this law.
The penalty starts from $1,000 and can go up to $5,000 per violation. Any employer attempting discrimination between the employees on the basis of minimum hourly wage will be punished or heavily fined.
Civil Statute of Limitation
The civil statute of limitations is the time span within which the plaintiff can bring the case. It aims to preserve and protect the evidence and witnesses. A plaintiff can decide whether to claim or pass within the said time. In Delaware, the civil statute of limitation is 3-years. It includes personal injury and fraud.
The defendants, on the other hand, will have to counter the claim within this time otherwise, there will be consequences. The agenda of having this limitation is not to allow a case to be hanged forever.
Pyramid and Ponzi Schemes Law
Pyramid and Ponzi schemes are quite similar in nature. In both schemes, a business recruits investors to pay money to the other investors in the name of profit. However, there is one difference between the two schemes. In the Pyramid scheme, the first investor recruited by the business recruits the next level of investors. On the other hand, in Ponzi schemes, the business recruits all of the investors.
Businesses attempt these schemes to make money without running a proper business. They keep going until the investors stop providing the resources or the company dissolves. The penalty for having these schemes is a fine of up to $5,000 and imprisonment of up to 3 years in Delaware. Your registered agent will be responsible for making you aware of all the business laws in the state before you start an LLC in Delaware. So that no legal conflict or tension occurs while running your business in Delaware.
How to Remove a Registered Agent for LLC in Delaware
A registered agent for LLC in Delaware can be removed by submitting a Certificate of Amendment with Delaware Division of Corporations with a filing amount of $50.
How to Remove a Registered Agent for LLC in Delaware
The process of removing a registered agent for a limited liability company (LLC) in Delaware can sometimes be a daunting task for business owners. Yet, it is a procedure worth understanding, as it allows for the seamless transition of responsibilities and the continuation of business operations.
One first needs to grasp the vital role that a registered agent fulfills in an LLC. A registered agent acts as a liaison between the company and the state, receiving important legal documents on the company’s behalf, such as tax notices, legal correspondence, and service of process. The state of Delaware mandates that all LLCs have a registered agent, and failure to have a registered agent in place can result in serious consequences, such as fines or even potential dissolution of the business.
However, situations often arise where a business owner may need to remove a registered agent due to various reasons. Perhaps the initial registered agent is no longer available or competent, or their services may not align with the company’s changing needs. Whatever the reason may be, it is essential to navigate the process effectively and adeptly, as it impacts the company’s legal standing and operations.
The state of Delaware provides detailed guidelines for the removal of a registered agent. The process begins by appointing a new registered agent before filing the necessary paperwork. It is essential to agree on the change with the new registered agent to ensure alignment of roles, responsibilities, and legal compliance. Finding a dependable registered agent who understands the company’s unique needs is pivotal to the smooth operation of the business.
Once a new registered agent is identified, the process continues by completing the “Certificate of Change” form. The form requires specific information, including the name of the LLC, the name of the outgoing registered agent, their address, and the name and address of the new registered agent. It is important to provide accurate and up-to-date information to avoid any complications or delays.
After the “Certificate of Change” form is completed, it must be filed with the Delaware Division of Corporations. While the state does not provide an online submission option for this process, the completed form can be mailed or delivered in person to the Division of Corporations’ office.
It is crucial to be proactive throughout the removal process, ensuring that all communication is clear and accurate. This includes informing the outgoing registered agent promptly and providing them with a notice of termination once the new registered agent is appointed and the certificate is filed. By informing all relevant parties, potential legal issues and delays can be minimized, allowing for a seamless changeover.
In summary, removing a registered agent for an LLC in Delaware is an important procedure that should not be overlooked or underestimated. By delegating this responsibility to a new registered agent and following the guidelines provided by the state, business owners can effectively navigate this process without jeopardizing their legal standing. Ultimately, a business should always remain diligent in maintaining compliance and promptly replace/remove registered agents to ensure the smooth operation and prosperity of the company.
[Note: This editorial comment is an addition to an existing article about removing a registered agent for LLCs in Delaware.]
The registered agent may be changed in Delaware. You need to download, fill up, and send the RA change application form to the Secretary of State online, by mail to the address Delaware Division of Corporations, 401 Federal Street – Suite 4, Dover, DE 19901, or by fax, whichever provision is available for you. In Delaware, it costs $50 to switch the registered agent.
You need to fulfill a few conditions in order to register as an agent in Delaware. One of the most important criteria is that you have to be legally an adult (18+). You also need to be a Delaware resident to qualify. You may apply to be a registered agent if you satisfy these requirements.
In Delaware, a registered agent may be a spouse, any LLC member, a member of your family or close friends, or even you. Being a legal adult (18+) and a resident of the state are the two main requirements. You may become a registered agent with ease if you can meet the prerequisites.
In Delaware, it’s simple to change a registered agent’s address. You must file the RA Change Form, which may be found on the website of the Delaware Secretary of State. Add the new address to the form. Submit it online, by mail to the address Delaware Division of Corporations, 401 Federal Street – Suite 4, Dover, DE 19901, or by fax, whichever provision is available for you. The address change might incur a cost.
By accessing the Delaware SOS website, you may locate a company’s registered agent. If you know the business name, use that to do a search. If you get the company you are looking for, then get the registered agent information from there.
In Delaware, you are required by law to have a registered agent for your business. Your registered agent will serve any process, permits, and notices and will be responsible for receiving legal suits again the company in his registered office. During business hours, he or she must be accessible at their office.
Companies must provide their name, address, and contact information while registering their company in Delaware in order to designate a registered agent formally. The registered agent is covered in its own section of the articles of incorporation. How to designate a registered agent in Delaware is as follows.
You must go to the official website of the Delaware Secretary of State to look for a registered agent’s address there. Seek the steps in the list below to look for the registered agent’s address.
1. Navigate to Delaware SOS’s official website.
2. Using the firm name, look for the corporate information
3. Find the list of registered agent addresses.
This will make it simpler to locate the registered agent’s address.
You may look for a company in Delaware by its registered agent’s name. Visit the official website of the Delaware Secretary of State. Look for the “Business Search” option. You may choose to “Search by the registered agent” in the search area. Choose the option and type the name of the registered agent. You will get the company name.
In Delaware, for a registered agent, the main requirement is the person must be 18 years of age and must have a physical address in Delaware. The individual or entity may serve as the registered agent if they are a resident of the state and are of legal age.
Finding a Delaware corporation’s registered agent is simple. You must go to the Delaware Secretary of State’s website to accomplish this. Select Business Search from the menu. You may look for a company by name by choosing the Look up by name option. Once you have the company, you may look up the information on the registered agent.
In Delaware, a registered agent must deliver a letter of resignation to the business that they are currently working for. A resignation notification should be given to the Delaware Secretary of State to confirm the registered agent’s departure after a certain number of days, along with the resignation letter.
By going onto the website of the Delaware Secretary of State, you may edit a registered agent there online. Make sure the online method is accessible for you, however, before you go through with it. In such a case, mail the RA Change Form.
You may acquire a free registered agent in Delaware. You won’t have to physically pay anything to yourself if you act as your own registered agent. If your spouse or a friend becomes an agent, then you might avoid the cost. Finally, you can go for a free professional registered agent service in Delaware.
To research information about the registered agent in Delaware, you need to visit the Delaware Secretary of State. The option to “Search Business” will appear. You may look for your company using its name. As you get the result, you will be able to get the registered agent’s details from the list.
The registered agent is not included on a separate form in Delaware. When establishing their firm, companies must choose a registered agent and transmit their information through the formation paperwork. The Delaware Division of Corporations, 401 Federal Street, Suite 4, Dover, DE 19901, is where the formation paperwork must be sent.
You must contact the Delaware SOS if your firm does not have a registered agent there. Since every Delaware corporation is required to have a registered agent, there can be a legal concern. If there is no registered agent, you might have to serve as a registered agent in Delaware.
If a registered agent passes away in Delaware, all of their authority is lost. In Delaware, having a registered agent is required. As a result, the business has to choose or replace a new registered agent. Meanwhile, a manager or an officer of the company or the owner can serve as a registered agent.
There are certain guidelines for registering your company in Delaware. You might find out whether you can keep your registered agent’s name from appearing on the public platform by visiting the Delaware Secretary of State. You may conceal a member’s identity if you have an Anonymous LLC.
In Delaware, to get the registered agent information, you must call the Secretary of State’s office. The hours are officially from 8 am to 5 pm. To speak with the executive, dial (302) 739-3073. Follow the caller’s instructions to get the information.
A registered agent’s permission is a declaration in writing that the agent is prepared to represent the business. If you replace the registered agent in Delaware or appoint a new one, the new agent must get the SOS’s approval first.
A registered agent and a resident agent do not vary in this way. The registered agent in Delaware may also be referred to as a resident agent. A resident agent is also known as a registered agent in most states. The phrase “resident agent” is used in a few states.
A legal sanction and punishment may be imposed on the person appointing a registered agent without the permission of a person who has been appointed as such in Delaware without their consent. They also have the freedom to refuse any obligations imposed by the procedure.
The firm may still be sued even if it does not have a registered agent in Delaware. It is just that there is no agent representing the company and to receive the legal notice. However, the lawsuit will proceed, and an alternative method of giving notice will be used.
A registered agent in Delaware must file an application of rejection if they want to reject the designation. The Delaware Secretary of State will just need to receive their signed rejection statement. It resembles accepting the designation in many ways.
Before you choose a registered agent for your Delaware LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.