Delaware Registered Agent Services
If you’re new to incorporating in Delaware, you’ve probably learned that you’ll need a Delaware Registered Agent. A Registered Agent with an office in Delaware is required for any company that is registered in the state. While you might be unfamiliar with the term, a Delaware Registered Agent plays an important role in the formation and maintenance of your LLC or corporation.
What is a Delaware Registered Agent?
- A Registered Agent must be named at all times. The name and address of a company with an office in Delaware must be designated in the Certificate of Incorporation or the Certificate of Formation.
- The Registered Agent is required to receive and forward notices from the State of Delaware and certain legal documents delivered to the company.
- These documents include a Service of Process (a summons and complaint, subpoena, court notice, etc., delivered to the Registered Agent by a sheriff or Special Process Server), annual report notices, and franchise tax notices.
- Note: IncNow® forwards Service of Process documents to the customer’s last known address by Certified Mail or International Federal Express.
What Does a Delaware Registered Agent do?
A Registered Agent is required to be available to receive “Service of Process” served upon a company and forward this to the contact person in a timely fashion. An LLC or corporation is typically served a lawsuit at their Registered Agent’s office, unlike personal service of a natural person defendant, which is typically effected at their home or office.
A Registered Agent also provides assistance to the business with filings in the Secretary of State’s office and filing amendments, obtaining Good Standing Certificates, and sending reminders to companies to pay their annual fees.
The Registered Agent also acts as the “contact person” for a company when the Secretary of State needs to send a notice or bill. Since the name of the owners and agents are not required to be listed on the initial filing with the Secretary of State of Delaware, it is up to the company to maintain its contact information with its Registered Agent to avoid a default judgment for failing to answer a complaint.
Delaware Registered Agent Requirement
Under Section 131 of Title 8 of the Delaware Code, every corporation is required to maintain a physical registered office in the State of Delaware which does not need to be it’s place of business. This requirement is so other businesses and people have a place where they can serve a lawsuit to the business.
Trust IncNow as a Registered Agent
- Attorney-operated, and family-run, IncNow has been a Registered Agent in Delaware for 50 years and serves as a Registered Agent for more than 20,000+ companies.
- Our customer portal, currently in beta testing, lets you easily manage important documents, dates, and filings in one place. We make it easy to keep your entities in good standing.
- As a Delaware Commercial Registered Agent, subject to its terms and conditions, IncNow keeps your information safe and secure.
- IncNow offers no-hassle, one price Registered Agent services to all of its customers. Choose a Registered Agent you can trust with your most important business needs.
Why do I need a Delaware Registered Agent?
Delaware law, like every other state, mandates that every company incorporated in Delaware must name a Delaware Registered Agent to forward State of Delaware legal notices to the business.
- Each Delaware business formation or incorporation must provide an agent with a business address in the State of Delaware. It represents a “physical presence” in the state of incorporation for the purpose of general personal jurisdiction over the company no matter where in the world the actions took place that gave rise to the complaint.
- Individuals are not well-suited to be named as Registered Agent because that individual would need to be generally available at that address during business hours daily in case the company is sued.
- Having a publicly listed residential address is undesirable for many categories of business owners, including landlords and self-employed individuals.
Why IncNow is one of the best Delaware Registered Agents?
You may be shopping for an incorporation service but you are also selecting a Registered Agent. The incorporation service is the launch pad that gets the company started. The Registered Agent then has the ongoing role for the life of the company, even if remote from the day-to-day operations of the business. Usually, the incorporation service you select will wear two hats and also be the new company’s Registered Agent going forward.
- IncNow is a Delaware Commercial Registered Agent with remote access to the state’s filing system. IncNow is small enough to care, but large enough to have systems and technology in place to count on.
- Many Delaware Registered Agent companies are operated by people without legal training, businesses headquartered elsewhere, or even individuals out of their homes. IncNow is managed by a father-son team of attorneys who are experts in Delaware business law and has its headquarters located in Wilmington, which has not moved since 1983. IncNow stays up to date on the fast-paced cutting edge developments in Delaware Corporate law and legal entity filing requirements. That also means the quality of legal documents you receive will be superior.
- IncNow is approved according to the State of Delaware’s Registered Agent listing standards under 8 Del. C. Section 132 (g) for not being misleading or causing harm to the public.
- IncNow has fair pricing for both incorporation and ongoing Registered Agent fees.
Therefore, when finding value in a quality Registered Agent, it is important to look at professionalism, the track record for service, plus start-up cost, and maintenance costs. These are areas, among others, where IncNow excels.
IncNow would like to be your Delaware Registered Agent. If named at the time of incorporating, typically one of the attorneys who manage IncNow will sign your Certificate of Incorporation as the incorporator or your Delaware LLC’s Certificate of Formation as the authorized person. We use real signatures with wet ink, not pre-printed generic digital signatures which are common elsewhere. If you have any questions about changing your Registered Agent to IncNow or have questions about our agent services, please give us a call or send us an email.
Learn more about the process to become a Registered Agent in Delaware on the state’s website.
How to Change Your Delaware Registered Agent
You can change your Registered Agent at any time by filing a change of agent form with the Delaware Secretary of State. The change of agent form is an amendment that only changes the Registered Agent on record with the state. If you are dissatisfied with your Registered Agent, IncNow will be happy to file the change of agent form for you.
Delaware Registered Agent FAQs
What are Delaware Registered Agent Fees?
The annual cost for IncNow to serve as your Registered Agent is $90 for the rest of the first calendar year and $109 for subsequent calendar years. If you form the company after July 1st, then the Registered Agent service extends to a second calendar year (up to 18 months) as part of the order. This fee is billed in October and due annually on January 1st the year after your formation.
Should you wish to pre-pay three years of Registered Agent fees, the cost per year is reduced to $83 per year.
Do you offer a mail forwarding service?
IncNow provides mail forwarding service for select legal documents and Delaware Secretary of State notices as your Registered Agent. We also have a referral that can set you up with a virtual office for traditional mail forwarding which few companies request, because no office is required in Delaware to establish or maintain a company.
IncNow will forward:
- Legal process (lawsuits)
- Certified mail
- Government mail from the state of incorporation’s Secretary of State
Do I have to maintain an office or bank account in Delaware?
- No, you do not need an office or bank account in Delaware to form a company in Delaware.
- Aside from paying the state’s annual franchise tax fee, the only legal requirement to keep your formation in Good Standing is that you have a Registered Agent in Delaware who is able to receive Service of Process notifications.
How to change Delaware Registered Agents?
- Changing your Registered Agent is a very easy process that IncNow team members can assist you with this form.
- This entire process can be completed in just a few days and even within one business day with the “Now Package,” which includes an expedite option.
How do you update your contact information with IncNow?
The reason to update the correct address of the contact person for your company is because it is a requirement of Delaware law and because of what can go wrong if your company is sued and you are not provided with notice of the lawsuit.
- As a Registered Agent we receive and then forward lawsuits (the delivery of which is called “Service of Process”) to the contact person we have on record at their “last known address.”
- Failure to respond to a lawsuit (in the form of an “Answer” or “Motion to Dismiss”) in a timely manner will result in a judgment by default and financial liability or more against the company.
If you need to update your contact information with IncNow please send us an email and we will update your information. You can also update your contact information at the time you make your annual Registered Agent Fee payment. We look forward to working with you.
When deciding where to form your company, consider that Delaware has advantages over your home state that may benefit you. Go