If you want to incorporate an LLC in Delaware, you’ll need a registered agent. Discover the qualifications and how to get a registered agent.
What you’ll discover:
Do I need a registered agent in Delaware for my LLC?
What is the role of a registered agent in Delaware?
In Delaware, may I act as my own registered agent?
How can I find a Delaware registered agent?
How can I alter my Delaware registered agent?
For good reason, Delaware is a popular site to incorporate a company for both LLCs and corporations. Delaware is a business-friendly state noted for having some of the most advantageous company legislation in the nation. To incorporate in Delaware, you must, as in other states, have a registered agent physically situated in Delaware. It implies that if you do not reside in Delaware, you must become a registered agent in order to incorporate or create your LLC there. Fortunately, being a registered agent in Delaware is simpler than you would think.
Table of Contents
Do I need a registered agent in Delaware for my LLC?
In a nutshell, sure. In order to incorporate an LLC in Delaware, you must have a registered agent in that state. Companies created in Delaware must also have a registered agent in the state.
When you submit your LLC formation forms with the state of Delaware, you must include the name and address of your registered agent. It implies you must have a registered agent in place before filing your Articles of Organization in Delaware.
What is the role of a registered agent in Delaware?
Legal correspondence are accepted on your behalf by a licensed agent. This individual (or business) accepts communications from the state of Delaware as well as any legal papers that may be sent by third parties.
A registered agent may get the following documents:
Reports on Franchise Tax.
Litigation or other legal actions.
Notices received late.
Notices and information on taxes.
The Secretary of State’s void notifications.
Filings are confirmed.
Subpoenas.
These legal messages often have severe response time constraints. It is critical that your registered agent sends you this information as soon as they get it so that you can reply. Failure to meet any of these dates may have serious legal and financial ramifications.
In Delaware, may I act as my own registered agent?
As long as you are above the age of 18, you may be your own registered agent in Delaware. You must, however, have a Delaware street address.
For the most part, it means you have to reside in Delaware. Being your own registered agent is unlikely to be an option if you operate your LLC in one state and reside in another.
A friend, family, or employee may serve as your registered agent provided they live in Delaware, are ready to take on the role, and fulfill the other conditions. If you have no friends, family, or workers in the state, employing a Delaware registered agent is a simple and inexpensive alternative.
How can I find a Delaware registered agent?
Hiring a Delaware registered agent is a very simple procedure. You only need to discover a person or firm that provides these services and fulfills Delaware’s basic standards for registered agents.
In particular, registered agents in Delaware must:
Be a Delaware legal resident or have a registered office in Delaware.
Have a tangible presence in Delaware.
Maintain consistent hours so that legal notifications and information may be delivered to the agent (usually daytime hours).
Maintain a natural person on file in Delaware with a business location and phone number.
To be a registered agent in Delaware, whomever you employ must have more than a post office box.
In most cases, hiring a registered agent in Delaware is rather inexpensive. You may often pay a single yearly cost for services that will meet the majority (if not all) of your demands.
While you may act as your individual agent, having a corporate registered agent offers various advantages. The following are just a few of the benefits of using a third-party registered agent rather than working as your own registered agent.
You may not wish to be your own registered agent since registered agents get legal paperwork. You may not want people to know your personal address, especially if it is linked to your LLC. You may also be uninterested in having a lawsuit served on you personally if your LLC is sued. Some of these concerns may be addressed by using a corporate registered agent.
Consistency. You must update the state if there is a change in the registered agent. It implies that if you are your own registered agent, you must notify the state whenever you relocate. You must also be accessible throughout the day in order to receive legal communications. You may avoid some of these administrative difficulties by using a corporate registered agent (who does not shift addresses).
Other Providers. Some corporate registered agents will provide other services in addition to acting as your registered agent. They may, for example, notify you of particular filing dates or tax reporting duties. Not every corporate registered agent will do this, but if you’re searching for a registered agent, you should see whether they provide any of these value-added services.
Keep in mind that responsiveness and dependability are critical attributes to look for in a registered agent. Since your registered agent will receive essential legal messages, their ability to deliver them to you on time is critical.
How can I alter my Delaware registered agent?
When you incorporate your Delaware LLC, you will appoint an initial registered agent. You must provide this person’s (or the entity’s) name as well as their physical address in the state of Delaware.
You are not need to use the same registered agent for the duration of your LLC’s existence. But, if you change registered agents or your registered agent relocates, you must inform the Division of Corporations.
Updating your registered agent requires the use of a specified form and a filing cover note. The following information is required for the filing cover memo:
The information provided by the requester (name, address, account number).
The sort of document that has been requested.
How do you want the document returned to you?
How would you want to pay the filing fee?
Whenever you file by mail or courier, you must include a filing cover note. The note is not necessary if you file online.
The following information is required on the form to alter your registered agent:
The name of the limited liability corporation in its entirety.
The name of the new registered agent.
The physical address of the new registered agent.
An authorized person must also sign the Certificate of Amendment Changing Only the Registered Office or Registered Agent of a Limited Liability Corporation. There is also a $50.00 charge for the modification.
