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.
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.”
There are certain rules that you must follow when you’re appointing a Delaware Registered Agent service for your business. They are:
Note that the DE Registered Agent address does not need to be the same as your Delaware LLC business address.
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:
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.
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.
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.
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.
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.
You can also change your DE Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.
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.
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.
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.
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:
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:
Yes. All DE LLCs are required to have a Registered Agent. This is mandated by the Delaware Division of Corporations.
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.
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.
Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.
You might find these resources helpful:
|State Fee||State Filing Time||Expedited Filing Time|
|$90||15 Business Days||5 Business Days|
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.
Due Date: June 1st
Filing Fee: $300
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