When you opt for a Delaware LLC formation, it’s a mandatory requirement to have a registered agent. You’ll appoint a Delaware registered agent when you file your LLC’s Certificate of Formation, and the agent will handle various important communications, such as service of process, for your LLC.
Here’s how to appoint a registered agent in Delaware, including who can be one, how to name one, and how to change one.
A registered agent acts as your LLC’s official contact. You’ll need to name someone who meets the state’s minimal requirements, and it should be someone who is responsible enough to handle communications on behalf of your LLC.
As your LLC’s official contact, your chosen registered agent will receive all official communications from the State of Delaware. These papers and emails can include:
Delaware has minimal requirements as to who can serve as a registered agent. Your LLC’s registered agent must:
The individual should also be responsible enough to promptly and properly relay any communications that your LLC receives.
Yes, you can be your own registered agent. Any member or employee can serve as your LLC’s agent, provided the person meets the state’s residency requirement.
Being your own registered agent comes with several downsides, however.
If you’re comfortable having contact information made public and are generally available during business hours, you may want to serve as your own registered agent. You’ll save a little by not hiring a registered agent service. Many business owners decide that outsourcing this role to a registered agent service is a worthwhile expense, though.
If your business eventually expands into other states, you won’t be able to serve as the registered agent in those states. You’ll need a person or service with a physical address in each state where your LLC files articles of formation.
You’ll appoint a registered agent when you file your LLC’s Certificate of Formation with the Delaware Division of Corporations. You can file the form online, by mail or in person.
You should, of course, confirm that your chosen person consents to serve as your LLC’s registered agent. Delaware doesn’t require this person to sign the Certificate of Formation, but consent is implied when you provide the individual’s name and address on your LLC’s form.
To change your LLC’s registered agent in Delaware, you need to file a Certificate of Amendment. You can download the Certificate of Amendment for LLCs from the Delaware Division of Corporations. There are different ones for foreign LLCs, corporations, foreign corporations, partnerships, LPs, LLPs, foreign LPs and foreign LLPs.
The certificate is straightforward and somewhat similar to your LLC’s original Certificate of Formation. You’ll provide the new registered office and registered agent information in Section 2.
The fee to change your LLC’s registered agent is $50 for LLCs and most other businesses. It’s $5 for nonprofits.
You can submit the Certificate of Amendment by mail, in person, by fax or online.
When you hire a registered agent service, someone else can take care of receiving communications for you. There are several benefits to using a Delaware registered agent service.
You can trust that a responsible and knowledgeable professional is receiving all official business communications sent to the registered office and that they’re properly filing or passing on the communications.
With communications attended to, you can stop worrying about important but menial mailings Sleep well at night knowing that your business’s communications are attended to, and spend your days working on what actually grows your business.
When you use a registered agent service, your name and address aren’t publicly affiliated with your LLC. The service’s office address becomes the registered office address, and the service’s name is the registered agent’s name.
Almost all business owners who have only home offices want to keep their residential street addresses private. In certain situations, business owners may also not want their LLC’s address or their personal name made public. Anyone can access information that’s public record.
A registered agent service handles communications for many businesses in Delaware. The service’s team members will know how to properly handle and file communications, ensuring that your business remains in compliance with any applicable Delaware state laws.
Registered agents should be generally available during business hours, so they can get the mail, make phone calls if necessary, and receive service of process should they ever have to.
When you use a registered agent service, you don’t have to worry about maintaining regular business hours. You can maintain whatever hours make sense for your LLC, and you can travel without worrying about who’s going to check the mail.
You don’t need more papers at your LLC’s office. A registered agent service won’t just take care of filing various documents; many services will even scan digital copies for you.
Appointing a registered agent is mandatory requirement in Delaware, one you cannot escape form. However, understand the requirements and responsibilities of the agent will definitely help you decide if it’s a task you’re willing (time and effort wise) to tackle on your own or hire a registered agent service for. It’s totally up to you!
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
Shai Shmarel started his life as a corporate lawyer before switching to being an SEO and Content Manager at Tailor Brands. He has experience in managing companies, rankings SERPs and covering a content-driven approach for all things legal, business and marketing. When off work, you’ll usually find him chilling with a cup of coffee and a book in the desert.