Registered Agents and Your Delaware Corporation
Your Delaware corporation needs to have a DE Registered Agent. They’re chosen by you and can accept legal notices and other correspondence for your Delaware corporation on your behalf from the Delaware Division of Corporations.
- If you choose a person as a Registered Agent, he or she must reside in Delaware
- If you choose a business as a Registered Agent, they must be able to conduct business in Delaware
- Your Registered Agent must have a physical street address (not a P.O. Box)
- They must be available in person to sign for any delivered correspondence during normal business hours
Incorporate your S Corporation or C Corporation through us to get your first year of Registered Agent services for free.
Information on the Delaware Division of Corporations and DE Registered Agent Services
Here’s some important information from the Delaware Division of Corporations on DE Registered Agent services.
“Registered Agents are not regulated by the State of Delaware. The legal requirements to be a Registered Agent in Delaware are to maintain a street address and office located in Delaware and be open during normal business hours for the purpose of accepting service of process according to 8 Del. C. § 132. Consumers are encouraged to exercise due diligence in researching the Registered Agent prior to selecting them for representation. It is incumbent upon the consumer to contact the Registered Agent prior to filing.”
Services Provided by a Delaware Registered Agent to Your Corporation
What can your corporation expect from your Delaware Registered Agent? Their main function is to accept official documents and correspondence from the DE Division of Corporations that will affect your corporation. This includes:
- Correspondence from the Delaware Division of Corporations, like a notice to file reports and other forms
- Service of process documents (for example, if your Delaware corporation has legal proceedings issued against it)
- Official Delaware and federal government documents, form filings and requests for information (including taxes, permits and company filings)
- Tax forms and requests to complete permits, company filings and reports
You May Not Want to Act as Your Own Registered Agent for Your DE Corporation
If you live in Delaware, you might choose to be the Registered Agent for your corporation. Be aware that there may be some drawbacks to this:
- The Registered Agent must have a physical street address in Delaware. Some people establish corporations outside of Delaware and will need to use a Registered Agent service to provide the address.
- You always need to have someone on hand at your corporation to receive important documents for your business during business hours (typically 9 a.m. to 5 p.m. Monday to Friday).
- The Registered Agent’s name and DE address are part of the public record and available through the Delaware Division of Corporations website. If you would prefer your name and address aren’t published, you might choose a Registered Agent service.
- If you change your Delaware business address or move out of state, you won’t need to file additional documentation with the DE Division of Corporations for the new address of your Registered Agent if using a service. You will need to set up a new Registered Agent service in the new state.
There are more considerations, but this should help you with your decision to use a Registered Agent service.
Issues with Not Having a Delaware Registered Agent for Your Corporation
What are the issues with not having a DE Registered Agent or not providing that information to the Delaware Division of Corporations?
- Getting served or sued and not finding out about it: If your Delaware corporation is sued and you don’t know about it, you could lose to a default judgment in your absence.
- Falling out of good standing with the Delaware Division of Corporations: If you don’t respond to certain correspondence (like the request for your Franchise Tax report), certain states may revoke your right to do business.
- Losing your status as a Delaware corporation: A DE Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your Delaware corporation may be dissolved.
A Complete Delaware Corporation Registered Agent Service from Incfile
Incfile provides a complete Delaware Registered Agent service for any S Corporation or C Corporation that’s incorporated in DE. Even better, if you choose to incorporate your Delaware corporation through Incfile, your Registered Agent is completely free for the first year and only $119 a year after that.
Incfile is authorized to conduct business in Delaware and can legally act as your Registered Agent for your DE corporation.
Here’s what you need to know about Incfile’s DE Registered Agent service for corporations:
- The Registered Agent will always be available to accept documents and letters on your behalf
- We automatically notify you whenever we receive correspondence for your business from the Delaware Secretary of State or anyone else
- We scan your correspondence and upload it to a dashboard, so you can review it when convenient
- We forward all correspondence to an address you choose
Form your C Corporation or S Corporation with us today to get your first year of Registered Agent service for free, including easy access to our comprehensive online dashboard.