Delaware Registered Agent
What is a Delaware registered agent?
Delaware registered agents provide a physical in-state address where state notices and lawsuit mail can be sent to a business. They forward these time-sensitive documents directly to the company they represent to avoid legal and state compliance issues like loss of good standing. Delaware Corporate Regulations (Section 81, Chapter 334) require registered agents in the state to thoroughly vet the legitimacy of businesses they represent and maintain updated contact information for at least one authorized natural person for the company to be made available upon the state’s request. This guide will help you choose a Delaware registered agent who can navigate the requirements while enjoying the state’s built-in privacy benefits.
What Does a Delaware Registered Agent Do?
A Delaware registered agent plays a crucial role in accepting important documents and notices for your business and also serve some other functions:
Physical address
A physical address in Delaware must be provided by a registered agent, which can be included in state records.
Availability
A registered agent in Delaware must be available at their provided address during normal business hours.
Forwarding documents
After receiving mailed or hand-delivered service of process and documents, A Delaware registered agent must forward these documents to the business they represent.
Providing information
The state issues information to your registered agent on file regarding billing and tax obligations for businesses and registered agents must notify you.
Regulatory adherence
Delaware has strict entity verification requirements for internally maintaining business contact details, and registered agents must keep updated contact info or be fined for noncompliance.
Are there other considerations when choosing a registered agent?
Using a commercial registered agent usually offers more benefits compared to individual agents. Commercial registered agents fulfill address and entity verification needs and specialize in efficiently forwarding important business documents. This level of support is essential for meeting deadlines and is typically complemented by other services to help your business grow like business formation, web hosting, and BOI reporting.
Who Can Be a Registered Agent in Delaware?
A Delaware registered agent can be the entity itself, an individual, or any other domestic entity recognized in the state as long as they meet the state’s other requirements for having a physical address in the state. Commercial registered agents serve 50 or more businesses in the state and must meet all statutory requirements. No formal application is required to qualify, and any company serving more than 50 businesses in the state is automatically recognized as a commercial registered agent in Delaware.
Can I appoint myself as a Delaware registered agent?
Yes. Individuals and entities may be appointed as their own registered agents if they meet the address requirement and can accept documents delivered by mail or in person. P.O. Boxes and virtual office addresses are not suitable for a registered agent address in the state for this reason.
How do I find a registered agent of a company in Delaware?
You can find the registered agent of a company by searching the company name on the Department of State’s Delaware Name Search. Entity listings include general company information and the name and mailing address of the company’s registered agent. All mail sent to the registered agent’s address is accepted on behalf of the company and forwarded for a response if needed.
Appoint a Delaware Registered Agent
You can appoint a Delaware registered agent while forming your company by including their contact details in the Certificate of Formation for your LLC or Certificate of Incorporation for your corporation. New documents will be directed to the registered agent on file for your company when they are approved by the state.
How do I change my registered agent in Delaware?
You can appoint a new registered agent in Delaware by completing a Change of Agent Form and mailing it directly to the Delaware Division of Corporations at the following address:
Division of Corporations
PO Box 898
Dover, DE 19903
How much does it cost to change a Delaware registered agent?
The base fee for LLCs and Corporations is $50 and non-profit filings are $5. Certified copies are available for an additional $50. Expedited services are available for all Delaware filings, and fees vary depending on processing speed with same-day processing for $100 to $200 and next-day processing for $50 to $100.
How Can Registered Agents Inc Help?
Being a registered agent may seem like an easy task, but hiring Registered Agents Inc provides you with more than just the basics:
Convenience
Enjoy hands-off document management. Let us accept and process your incoming mail. We’ll store digital copies in your secure online account for easy access and notify you when new documents are available.
Resources
Access forms and instructions for state filings within your online account and explore options for hiring our services. Our interactive guide to starting your business details every step along the way.
Solutions
Standalone services like business formation, web hosting, and domain registration put you on the path to success. Try them out with no contracts or commitments anytime within your online account.
Local support
Local support is available in every state with a focus on your state and all the benefits of a national company. We’ve got your business needs covered whether you’re only doing business in Delaware or expanding to other states.
Privacy
Keep business matters private by directing service of process to us instead of your place of business. Hiring us ensures that your private legal matters aren’t broadcast to employees and the general public.
Value
Never worry about hidden fees on your next invoice with our transparent service pricing. We provide premium registered agent service in Delaware with annual report filing included for only $200 a year.
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Can a Registered Agent Keep My LLC Private?
Delaware LLCs are not required to provide a primary business address or member information upon formation, and there is no annual report requirement. Delaware registered agents may ask for this information to satisfy record-keeping requirements, but you won’t need to use a registered agent’s address to keep yours private. They may also allow you to use their address for other purposes outside of state filings depending on their policies. All eligible entities subject to annual Delaware Franchise Taxes can make payments without providing a primary business address. Corporations in Delaware are required to provide a primary business address that does not match their registered agent address starting with their first annual report.
Frequently Asked Questions
Can I register my business in Delaware if I don’t live there?
Yes. You can register a business in Delaware even if you don’t live in Delaware as long as you can provide a primary business address in the state.
How much does it cost to hire a registered agent in Delaware?
Yes. You can register a business in Delaware even if you don’t live in Delaware as long as you can provide a primary business address in the state.
Does Delaware require annual reports?
Corporations must file annual reports along with their Corporate Franchise Tax payment that includes a primary business address in the state other than their registered agent address. The cost to file is $25 for tax-exempt domestic corporations and $50 for non-exempt domestic corporations. Foreign corporations must file on or before June 30 each year for $125. LLCs and other entities are not required to file annual reports.
What is the Delaware Franchise Tax?
The Delaware Franchise Tax is the cost of doing business in the state and is required to maintain good standing for corporations and other entities, albeit at different rates:
- Delaware corporations must pay a minimum of $175 to $400 on or before March 1st for their Corporate Franchise Tax with a late penalty of $200 and a 1.5% interest fee for the tax and penalty accrued each month after the due date. Rates vary based on the calculation method used and annual gross revenue.
- LLCs, LPs, and General Partnerships in Delaware must pay their Business Entity Franchise Tax of $300 each year on or before March 1st with a late penalty of $200 and a 1.5% interest fee for the tax and penalty accrued each month after the due date.
