Registered Agents and Your Delaware LLC

Your Delaware LLC needs to have a “Registered Agent.” They’re chosen by you and can accept legal notices and other correspondence for your Delaware Limited Liability Company (LLC) on your behalf.

There are some rules on choosing registered agents:

• If you choose a person, they must reside in Delaware
• If you choose a business, they must be able to conduct business in Delaware
• They must have a physical street address (not a PO Box)
• They must be available in person to sign for any delivered correspondence during normal business hours

Our Registered Agent service includes a dashboard where you can review documents received, automatic notification of correspondence and get free forwarding of all official, legal correspondence.

Incorporate through us to get your first year of Registered Agent services for free — many competing online formation services charge an extra $159 for this service after your company is filed by the state.

Delaware Registered Agents: What Type of Legal Notices Might They Receive?

A Delaware Registered Agent may receive, on behalf of your LLC:

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

Note that the Delaware Secretary of State does need the address of your Registered Agent and it needs to be a street address, not a PO Box.

A Registered Agent might also be known as a “Corporate Agent,” "Resident Agent," “Agent for Service of Process” or "Statutory Agent."

Acting As Your Own Registered Agent for Your Delaware LLC

If you live in Delaware, you might choose to be the Registered Agent for your LLC. Be aware that there may be some drawbacks to this:

• You always need to have someone on hand to receive important documents for your business. If you can’t always be available, consider using a third-party service like Incfile.
• The Registered Agent’s name and address is part of the public record and available through the Delaware Secretary of State's website. If you would prefer your name and address isn’t published, you might choose a Registered Agent service instead of listing yourself.
• If you change your Delaware business address or move out of state, you don’t need to file additional documentation with the secretary of state for the new address of your Registered Agent. You will need to setup a new registered agent service in the new state.

Issues for Not Having a Registered Agent for Your Delaware LLC

There can be significant issues if you fail to provide a Registered Agent, these include:

• If your business is sued and you don’t know about it, you could lose to a default judgement in your absence.
• Delaware LLCs need to remain in good standing with the secretary of state. If correspondence is undeliverable, certain states may revoke your right to do business.
• A Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.

Incfile Will Provide a Registered Agent for Delaware on Behalf of Your LLC

Here at Incfile, we have a reliable Registered Agent service. We provide the first year of this service completely for free if you choose to form your LLC with us. After the first year, it’s only $99 for subsequent years — a small price for your peace of mind. Here’s what our service provides:

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