When you set up an LLC in Delaware, 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.

What is a Delaware registered agent?

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.

Registered agent’s purpose

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:

• Official government documents, such as annual report papers.
• Legal documents, such as Certificate of Good Standing.
• Tax forms, such as the Delaware Annual Franchise Tax form.
• Service of process (if someone ever sues your LLC).
• Other official forms, letters, notifications and communications.

Requirements for a registered agent

Delaware has minimal requirements as to who can serve as a registered agent. Your LLC’s registered agent must:

• Have a local street (not post office box) address in Delaware.
• Be at least 18 years old (or a registered agent service).
• Consent to serve as your LLC’s registered agent.

The individual should also be responsible enough to promptly and properly relay any communications that your LLC receives.

Can I be my own registered agent in Delaware?

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.

• Your name will be on public record as the LLC’s registered agent.
• Your address will be on public record as the LLC’s registered office.
• You’ll have to regularly spend time receiving and filing important communications.
• You could face an embarrassing situation if you are ever personally issued service of process.

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.

How to Appoint a Registered Agent

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.

• Online: Log onto Delaware One Stop (or create an account), and navigate to the Certificate of Formation section. The Certificate of Formation section will show you an online PDF that can be downloaded, completed and then uploaded to submit. There’s a place for your registered agent’s address and name right before you digitally sign the form. Pay the filing fee by credit card when you submit the PDF. The fee is $90 for domestic (in-state) LLCs and $200 for foreign (out-of-state) LLCs.
• By mail: Download the Certificate of Formation of a Limited Liability Company from the Delaware Division of Corporations. Use the Certificate of Registration if filing a foreign LLC. The Certificate of Formation requires the registered office and registered agent in Section 2 (Section 4 for a Certificate of Registration). The completed and signed form should be mailed to the Delaware Division of Corporations, 401 Federal St., Suite 4, Dover, DE 19901. Include a check made out to the Delaware Secretary of State in the amount of your LLC’s filing fee.
• In person: Follow the same process as by mail, downloading the Certificate of Formation of a Limited Liability Company and completing Section 2, or use the Certificate of Registration. Bring the completed and signed form to the Delaware Division of Corporations, 401 Federal St., Suite 4, Dover, DE 19901. You can pay the filing fee by card, check or cash when you’re at the offices.

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.

How do I change my registered agent?

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.

• By mail: Mail the completed form to the Delaware Division of Corporations, 401 Federal St., Suite 4, Dover, DE 19901. Include a check made out to the Delaware Secretary of State.
• In person: Bring the completed form to the Delaware Division of Corporations, 401 Federal St., Suite 4, Dover, DE 19901. You can pay the fee by check, card or cash.
• By fax: Fax the completed form to the Delaware Division of Corporations at (302) 739-3812. Include a card number for payment.
• Online: Upload a completed digital version of the form through the Delaware ECorp Business Services platform, and include a card number for payment. This isn’t the same as Delaware One Stop.

Benefits of using a Delaware registered agent service

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.

Peace of mind

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.

Privacy

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.

Compliance with the state law

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.

Flexibility

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.

Reduces paperwork

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.

Conclusion

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!

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