Your Delaware Registered Agent provides various services, including the receival of formal documents and continued correspondence with the Delaware Division of Corporations.

Your LLC must have a Registered Agent at all times. You’ll appoint one when you first formally register and form your business. You can also replace your existing Delaware Registered Agent at a later date, provided there is a smooth transition between the old and new agents.

 

Delaware Registered Agent Requirements

  • Every LLC, both foreign and domestic, must have a Registered Agent with a registered office within the State of Delaware at all times.
  • The Registered Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (Corporation, LLC, LP or LLP) or a natural person.
  • The Registered Office must be in the state of Delaware and located at a street address (a P.O. Box only is not acceptable).
  • If the Registered Agent is a person, they must live in Delaware.
  • If the Registered Agent is a company, they must be authorized to conduct business in Delaware.
  • The Registered Agent must be available in person to sign for any correspondence during normal business hours.

Note that the address for your Delaware Registered Agent does not need to be the same as your Delaware LLC business address.

What a Delaware Registered Agent Does

A Registered Agent’s main function in Delaware is to accept official documentation and correspondence.

This includes:

  • Correspondence from the Delaware Division of Corporations
  • Service of process notices (e.g., if your LLC is sued or required to appear in court)
  • Tax forms and requests to complete permits, company filings and reports
  • Official state and federal government correspondence and notices

Having a Registered Agent also provides proof to the state that your business exists.

Incfile Provides Free Delaware Registered Agent Service for the First Year

Incfile provides complete Delaware Registered Agent service for any LLC that’s formed in the state. Even better, if you’ve formed your business 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. Here’s what our Registered Agent service provides:

An always-available Delaware Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf

Email notification whenever we receive documents for your business

Automatic forwarding of all legal correspondence, documentation and information directly to you

A digital dashboard where you can access, store and retrieve any information we’ve received for your business

 

Appointing a Registered Agent Service for Your LLC

When you first register and form your LLC, you must appoint a Registered Agent. You can change it at any point after that. Here’s how to go about it.

Assign a Registered Agent When You Form Your LLC

Your business needs to have a Registered Agent as soon as it’s formed. You can do this two ways:

1
File Articles of Formation with the Delaware Division of Corporations

When you formally create your business, you’re required to include details of your Registered Agent in your Articles of Formation.

2
Get a Free Registered Agent When You Form Your LLC with Incfile

Establish your business through Incfile, and you’ll get a free year of our Registered Agent Service. We’ll also complete and file your Articles of Formation for you with the information that you provide.

Assign a Different Registered Agent After Formation

After you’ve formed your LLC, you can still assign someone else to be your Delaware Registered Agent. There are a couple of ways to achieve this.

1
Choose a new Registered Agent Service and let the Delaware Division of Corporations know

Once you’ve chosen a new Registered Agent, file a change of agent form with the Delaware Division of Corporations. There is a processing fee of $50 to make this change.

2
We’ll file the change on your behalf when you sign up for Incfile’s Registered Agent service

When you use our Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and then send it to the Delaware DOC. We’ll let you know when we officially become your Registered Agent.

Delaware Registered Agent Search

In certain situations, it may be useful to know the name of the Registered Agent that represents another LLC in Delaware. You can search the Delaware DOC using the registered agent list to discover this information.

 

If you can’t find the Registered Agent information there, you can request it from the Delaware Division of Corporations.

What Happens If You Don’t Have a Registered Agent?

If you don’t assign or provide details of a Registered Agent to the Delaware DOC, there are several possible ramifications, including:

  • Losing your status as an LLC in Delaware. A Registered Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
  • Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your LLC is sued and you don’t respond.
  • Falling out of good standing with the Delaware DOC. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
 

Acting as Your Own Registered Agent

You can choose to be the Registered Agent for your LLC if you have a physical address in Delaware, although there may be some drawbacks to this approach:

  • The Registered Agent’s name and address are part of the public record and available through the Delaware Division of Corporations' website. You should use a Registered Agent service if you prefer that these pertinent details remain private.
  • The Registered Agent must have a physical street address in Delaware. If you’re forming an LLC outside the state, you’ll need to use an in-state Registered Agent.
  • Someone must always be available during business hours at the Delaware address to sign for important documents and correspondence.
  • If you change your business address or move out of state, you need to file additional documentation with the DE Division of Corporations for the new address. This isn’t necessary if you use a Registered Agent service, making a move or address change much more smooth.

Other Useful Resources

FAQs About Delaware Registered Agents

Do I Need to Appoint a Delaware Registered Agent?

Yes. Most business entities (including LLCs) in the state are required to have a Registered Agent. This is mandated by the Delaware Division of Corporations. Find more information above.

When Should I Assign a Registered Agent?

You must assign a Registered Agent when you first register and form your Delaware business with the Division of Corporations. You can change your agent afterward by filing the correct form. If you form your business through Incfile, we’ll file all the necessary forms on your behalf. You'll find more information above.

Can I Be My Own Registered Agent?

Yes, but we don’t recommend it for the reasons listed above.

Does the Registered Agent for my Delaware-Based LLC Need to have an Address in Delaware?

Yes. And if you use a company as your Registered Agent, that company must be legally able to conduct business in your state. You'll find more information above.

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