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What Is a Delaware Registered Agent?

With more than 1.1 million businesses incorporated in Delaware, every one of them has a Registered Agent located in Delaware. The Certificate filed to start your company will list the name and address in the State of Delaware of its Registered Agent. The Registered Agent serves as a physical presence in Delaware where the company can be reached if a lawsuit or official notice needs to be served. This requirement ensures that defendants to lawsuits can be located easily within the borders of Delaware. Public policy does not want companies and their managers, officers and directors to avoid a lawsuit by being hard to find, remote or dodging service.

The Registered Agent should be a Delaware Commercial Registered Agent. It is possible to serve as your own Registered Agent if you live or have an office in the State of Delaware. However, in that instance, your Delaware address should be open during business hours.

Under Delaware law, one of the requirements for a Delaware company to remain in good standing is to maintain a Delaware Registered Agent at all times.

Many business owners choose a Delaware Commercial Registered Agent such as Agents and Corporations, Inc. (IncNow).

A Delaware Commercial Registered Agent has three key roles: Serves as a Physical Presence in Delaware

  • The Delaware Registered Agent’s office is the address where legal papers can be served.
    • If your Delaware company is named in a lawsuit anywhere, your Delaware Registered Agent receives legal papers on the company’s behalf and forwards them to the address you provide.
  • To forward notices from the State of Delaware Division of Corporations to your address.

Provides Division of Corporations Services to Owners and Managers of Delaware Companies

  • IncNow provides services to businesses, including:
    • To file documents with Delaware,
    • To obtain Delaware Good Standing certificates,
    • To answer questions,
    • To assist with annual report filings or maintenance fee payment to Delaware.

Is the Custodian for Your Delaware Company Contact Information

  • The name of your company’s owners and Managers are not on initial filings with the Delaware Division of Corporations. Instead, the Delaware Registered Agent is on public record. The Registered Agent, in turn, maintains a current name, address and phone number for a communication contact of the Delaware company.
  • The communication contact information is not on public record but can be obtained through subpoena or other legal means.

When To Appoint a Delaware Commercial Registered Agent

A Delaware Registered Agent must be named on the company’s Certificate of Formation or Incorporation for the new company formation to be approved by the Delaware Division of Corporations.

The Registered Agent is usually the same as the service you use to form your company. For example, if you form a Delaware company with IncNow, Agents and Corporations, Inc. (IncNow) would be named your Delaware Registered Agent.

If you would rather file directly, the process will be slower, but nevertheless you can still choose Agents and Corporations as your registered agent.

    • To name Agents and Corporations, Inc. (IncNow) as your Delaware Registered Agent when you file directly with the state, visit our existing company order form and select “new appointment” on the Options and Services tab, or call us at 1-800-759-2248.
    • Please note: IncNow should be notified before filing the new company.

How To Choose a Delaware Registered Agent

Before you choose a Delaware Registered Agent, consider:

1. Reliability

Don’t risk a default judgment. Get timely notice. Should your company or its officers, directors or managers be sued, the Registered Agent is the first to receive the lawsuit. Your Registered Agent then forwards this notice to you. Some other Agents are unreliable or slow in the forwarding of lawsuits. Your Registered Agent’s receipt starts a time period of usually 20 days to respond. Failure to respond to the lawsuit in a timely manner will result in a judgment by default and financial liability for the defendants.

IncNow scans the lawsuit and emails the first 50 pages to you usually within one business day. Additionally, the original is sent by Certified Mail to you, or if outside the country, by International Federal Express. IncNow also sends tax notices from Delaware to you by US First Class Mail and often emails reminders when the deadline nears to help you avoid penalties. IncNow also offers a service you can order later to help you pay this annual State fee and file an annual report for corporations.

2. Availability

A Delaware Registered Agent must be available during normal business hours to receive service of process and notifications from the State of Delaware on your company’s behalf.

Consequently, many business owners choose a Delaware Commercial Registered Agent instead of an individual person’s residential address as Registered Agent.

3. Price

Since many business owners choose the same Delaware Commercial Registered Agent as their incorporation service, it’s important to choose wisely.

It is important to find a service with low start-up costs and low maintenance costs, and that is where Agents and Corporations, Inc. (IncNow) excels. (See our low prices for our Delaware corporation and LLC packages now!)

That is why it is important to choose a reliable and reputable Registered Agent, such as Agents and Corporations, Inc. (IncNow).

Want more information on our great reputation and reliable Registered Agent service? Read our reviews on Trustpilot! These were earned by IncNow’s industry-leading incorporation specialists managed by our Delaware attorneys. This level of professionalism and expertise sets IncNow apart.

IncNow would be pleased to be your Delaware Commercial Registered Agent. To file your Delaware company naming IncNow as the Registered Agent, please visit our incorporation order form.

Should you plan to file directly with the State of Delaware and wish to use Agents and Corporations, Inc. (IncNow) as your Delaware Commercial Registered Agent, please visit our existing company order form and select “new appointment” on the Options and Services tab, or call us at 1-800-759-2248.

We look forward to assisting you!