PROCEssing FEE: AS LOW AS $50 plus state filing fee
How to change registered agent in Delaware?
For varying reasons a business entity might at some point wish to change their Delaware registered agent to another party after a registered agent has already been designated.
- You can do this yourself or have us do it for you. Changing is accomplished by obtaining a form from the Delaware secretary of state, completing said form, and filing it with the Delaware secretary of state along with any requisite fees.
- We can easily change your Delaware registered agent to Delaware Business Incorporators (DBI) for a small fee and we handle all of the paperwork for you.
- Upon receipt of your order, DBI will prepare the Certificate of Change of Delaware Registered Agent form and email it to you for your signature.
- We'll make the necessary filing with the Division of Corporations and it will be effective immediately.
- When you experience the DBI difference, you'll wonder why you didn't switch to us sooner.
- We make it easy for you.
Can I be my own registered agent in Delaware?
Yes. However, you must have a physical Delaware address that is staffed during normal business hours and can accept hand-delivered service of process. Most companies use a registered agent like Delaware Business Incorporators, Inc.
How much does a registered agent in Delaware cost?
It's important to select a reputable registered Delaware agent that will notify you immediately of any service of process, as well as forward annual franchise tax notices. DBI charges $100 per year for US billed companies and $120 per year for non-US billed companies. Since it is important to stay compliant, we "snail" mail and email annual franchise tax invoices. We also send frequent email reminders and postcard reminders.
What is the function of a registered agent?
- Most businesses are not individuals but instead business entities such as corporations or limited liability companies (LLCs).
- This is because there are substantive (and substantial) liability protections as well as tax advantages to being "incorporated" as opposed to being "self-employed".
- Most jurisdictions in the United States require that any business entity that is formed or doing business within their borders designate and maintain a "registered agent".
- This person may be known as the "resident agent" or "statutory agent", depending on the laws of the individual jurisdiction in which the business entity is registered.
- The purpose of a registered agent is to provide a legal address (not a P.O. Box) within that jurisdiction where there are persons available during normal business hours to facilitate legal service of process being served in the event of a legal action or lawsuit.
- Generally, the registered agent is also the person to whom the state government sends all official documents required each year for tax and legal purposes, such as franchise tax notices and annual report forms.
- It is the registered agent's job to forward these suit documents and notices to the entity itself.
- Registered agents generally will also notify business entities if their state government filing status is in "good standing" or not.
- The reason that these notifications are a desired function of a registered agent is that it is difficult for a business entity to keep track of legislative changes and report due dates for multiple jurisdictions given the disparate laws of different states.
- Penalties for not maintaining a registered agent generally will cause a jurisdiction to revoke a business’s corporate or LLC legal status as well as in some cases, assess additional penalty fees on the entity.
- If a registered agent fails to perform their function, it can have dire consequences for the business entity. For example, if a customer fell inside a store and sued the store, and the store's registered agent failed to notify the business entity of a summons to appear in court to respond to the lawsuit, then when the case went to trial, nobody would appear to defend the store and the customer would win by a default judgment. Additionally, the store would likely not be able to get the judgment overturned on appeal because they had been properly served. This is one of the most common reasons that business entities generally will utilize a third party as their registered agent be it a commercial service company, an attorney, or in some cases, a CPA.
- The person at the business entity that maintains contact with the registered agent is the corporate secretary or governance officer.
Who can perform the function of a registered agent?
- Different states have different requirements for registered agents.
- Typically, the agent must be a natural person resident of the state in question or, in states that allow entities to serve as registered agents, an entity having a business office within the state and authorized to do business in the state.
- In some states a business entity is legally allowed to act as its own registered agent, if at least one of its officers is a resident of the state, but other jurisdictions may require that a business entity designate a third party as its registered agent.
- Because most states permit one business entity to serve as a registered agent for others, some businesses exist to serve that exact function, charging a fee to act as the registered agent for hundreds or thousands of businesses in a given state.
How do I designate a registered agent in Delaware?
- In most all cases, the registered agent for a business entity is assigned in the formation documents filed in a jurisdiction when the entity is originally created. For example, a person forming a corporation in the State of Delaware, would designate the registered agent along with the agent's address on the articles of incorporation filed with the Delaware Secretary of State.
- A representative of the business or the individual accepting responsibility as registered agent must sign to accept the responsibility of acting as agent.
- In most states it is a crime to knowingly file a false document with the office of the Secretary of State, although the penalties vary widely.
How can I verify my company's registered agent?
- Information about persons or entities that may be willing to act as registered agents/resident agents by state is usually maintained by the respective Secretary of State.
- Most states also offer free access to their databases to find a business entity's registered agent.
- In Delaware, visit Delaware Name Service to verify your registered agent.
- In United States business law, a registered agent, also known as a resident agent or statutory agent, is a business or individual designated to receive service of process (SOP) when a business entity is a party in a legal action such as a lawsuit or summons.
- The registered agent's address may also be where the state sends the paperwork for the periodic renewal of the business entity's charter (if required).
- The registered agent for a business entity may be an officer or employee of the company, or a third party, such as the organization's lawyer or a service company.
- Failure to properly maintain a registered agent can affect a company negatively.
Thank you for your interest in how to change Delaware registered agent to Delaware Business Incorporators, Inc.