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DELAWARE

Why Form a Limited Liability Company (LLC) in Delaware?


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Learn About Delaware Registered Agent Services

The Delaware Division of Corporations requires every DE LLC to have a Registered Agent to receive official correspondence and documents on behalf of your DE business. Registered Agents can be individuals or other specialized Registered Agent service businesses, but your LLC must have a Delaware Registered Agent at all times.

You can appoint a Registered Agent when you first start your business. You can also replace your existing DE Registered Agent at a later date, provided there is a smooth transition between the old and new Registered Agent.

Information from the Delaware Division of Corporations

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.”

Rules for Delaware Registered Agents

There are certain rules that you must follow when you’re appointing a Delaware Registered Agent service for your business. They are:

  • If the Registered Agent is a person, they must reside in Delaware
  • If the Registered Agent is a business, they must be able to conduct business in Delaware
  • The Registered Agent must have a physical street address in Delaware, not a P.O. Box
  • The DE Registered Agent must be available in person during normal business hours to sign for any correspondence

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

The Purpose of a DE Registered Agent

Your Delaware Registered Agent carries out several valuable services for your business. They accept official communications and documents from the DE Division of Corporations on your behalf. This may include:

  • 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 LLC has legal proceedings issued against it)
  • Official Delaware and federal government documents, form filings and requests for information (including taxes, permits and company filings)

A Complete Delaware Registered Agent Service From Incfile

If you have an LLC that’s incorporated in Delaware and you need a DE Registered Agent, we can help. Incfile provides a complete Registered Agent service for any Delaware business. Plus, if you form your business through Incfile, we’ll act as your Registered Agent for free for your first year (normally a $119 annual cost).

We are authorized to conduct business in Delaware and can legally act as your Registered Agent. Here’s what the Infile Delaware Registered Agent service provides for your DE LLC.

  • An always-available Delaware Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf
  • A digital dashboard where you can access, store and retrieve any information we’ve received for your Delaware business
  • Email notification whenever we receive documents for your Delaware business
  • Automatic forwarding of all legal correspondence, documentation and information directly to you

Order Incfile’s Delaware Registered Agent service

Ways to Appoint a Delaware Registered Agent

You can appoint a Registered Agent when you first incorporate your Delaware LLC. when you need to change your Registered Agent, or at any point after that. Here’s how to go about it.

Assign Your Delaware Registered Agent When you Form Your DE LLC

Your business needs to have a Delaware Registered Agent Service as soon as it’s formed. You can achieve this through one of the following methods.

File a Certificate of Formation Yourself With the Delaware Division of Corporations

You will need to include details of your Registered Agent in your Certificate of Formation. This is the form that you file with the DE Division of Corporations to formally create your business.

Incorporate Through Incfile and Get a Free Delaware Registered Agent

When you incorporate through us, we complete and file your Certificate of Formation based on the information you’ve provided. Additionally, we give you a free Delaware Registered Agent Service for the first year, and we’ll include details of your DE Registered Agent in the form that we file.

Incorporate your business through Incfile

Change Your Delaware Registered Agent After Your LLC Is Formed

You can also change your DE Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.

Choose a Registered Agent Service and File a Form With the Delaware Division of Corporations

If you’ve chosen a new Registered Agent, you can complete a form to file the change with the State of Delaware. Once you’ve filled it out, send it to the Division of Corporations so they can update your records.

Sign Up for Incfile’s Registered Agent Service and We’ll File the Change on Your Behalf

When you choose to use our DE 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 send it to the Delaware Division of Corporations. We’ll let you know once we officially become your Registered Agent.

Order Incfile’s Delaware Registered Agent service

Delaware Registered Agent Search

In some situations, you might want to know the name of the Registered Agent that represents another Delaware LLC. If you do, you can search the business database of the Delaware Division of Corporations, as this will often provide details of a specific business’s Registered Agent.

If the DE Registered Agent isn’t available from the searchable business registry, contact the Delaware Division of Corporations requesting the information.

Issues With Not Having a Delaware Registered Agent

What happens if you choose not to assign or provide details of a Registered Agent to the Delaware Division of Corporations? There are several possible ramifications, including:

  • Getting served or sued and not finding out about it: If your LLC 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 annual report), certain states may revoke your right to do business.
  • Losing your status as a Delaware LLC: A DE Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your Delaware LLC may be dissolved.

Assigning Yourself as the Delaware Registered Agent for Your LLC

If you have an address in Delaware, you can choose to be the Registered Agent for your LLC. We don’t recommend this approach, as there can be some drawbacks:

  • The DE Registered Agent must have a physical street address in Delaware. If you’re forming an LLC outside DE, you will need to use an in-state Registered Agent.
  • You always need to have someone on hand during business hours at the Delaware address to sign for important documents.
  • The DE Registered Agent’s name and 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 would need to file additional documentation with the DE Division of Corporations for the new address if you act as your own Registered Agent. This would not be the case if you use a Registered Agent service, making a move or address change much simpler.

FAQs About Delaware Registered Agents

Do I Need to Appoint a Delaware Registered Agent?

Yes. All DE LLCs are required to have a Registered Agent. This is mandated by the Delaware Division of Corporations.

When Can I Assign a Delaware Registered Agent Service?

You can either do it when you incorporate your Delaware business through paperwork filed with the DE Division of Corporations or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.

Can I Be My Own Registered Agent in Delaware?

Yes, but we don’t recommend it, for the reasons listed above. If you still want to be your own Registered Agent, you just need to fill in the correct forms and pay a fee to the Delaware Division of Corporations.

Does My DE Registered Agent Need to Have an Address in Delaware?

Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.

Useful Resources for Delaware Registered Agent Services

You might find these resources helpful:

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What are the fees and requirements to form a business in Delaware?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$90 15 Business Days 5 Business Days

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Delaware Franchise Tax Report

Frequency:  Annually

Due Date:  June 1st

Filing Fee:  $300

Learn more about starting a business in Delaware

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