Having a Delaware registered agent is a requirement of every registered business in the state.
You can’t complete the formation of your LLC (or other company structure) in Delaware (and other states) without having designated a registered agent.
A registered agent provides:
- An official registered office address for the business
- A postal address to receive correspondence
- A physical address for receiving any service of process (in a lawsuit for example)
Who Can Be a Delaware Registered Agent?
In simple terms, a Delaware registered agent is a person or business entity that has a physical address in the state (a post office box is not sufficient).
Delaware corporations law sets out who can be a registered agent as:
- “If an entity, maintain a business office in this State which is generally open, or if an individual, be generally present at a designated location in this State, at sufficiently frequent times to accept service of process and otherwise perform the functions of a registered agent;
- If a foreign entity, be authorized to transact business in this State;
- Accept service of process and other communications directed to the corporations for which it serves as registered agent and forward same to the corporation to which the service or communication is directed;
- Forward to the corporations for which it serves as registered agent the annual report required by § 502 of this title or an electronic notification of same in a form satisfactory to the Secretary of State (“Secretary”); and
- Satisfy and adhere to regulations established by the Secretary regarding the verification of both the identity of the entity’s contacts and individuals for which the registered agent maintains a record for the reduction of risk of unlawful business purposes.”
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during standard business hours.
What will my Delaware Registered Agent do For Me?
Aside from allowing you to form your LLC or other company structure in the state of Delaware, your Delaware registered agent service supports your business in three main ways: administrative, legal and compliance. It also offers a couple of advantages in terms of privacy and discretion, which we will detail below.
Your Delaware registered agent service will receive all your mail and either forward it on to you, or scan it and upload it to a portal where you can view it.
This includes all correspondence with the state of Delaware relating to your business.
The registered agent provides a physical address to receive hand-delivered service of process (SOP) paperwork regarding any legal action being taken against your company. We all hope this doesn’t happen, but it is always a possibility and a registered agent is required to fulfil this function for your company. If your registered agent receives any legal documents, they will let you know and forward the documents to you promptly.
Your registered agent helps ensure that your business files any required paperwork on time. Each state has its own schedule of required corporate filings – annual reports, tax payments or documents etcetera.
A registered agent service keeps track of these dates (which are subject to change) and emails your to remind you when filings are due. This ensures your business remains in good standing and doesn’t receive any fines or other actions including dissolution.
Unlike some states, Delaware does not require its LLCs to file an annual report but LLCs do have to pay the Annual Franchise Tax of $300 due by June 1 of each year.
Privacy & Discretion
Having a registered agent service as opposed to using your own address gives you more privacy. For example, if you use your home or private office, that will become publicly available on the state’s business registry.
There’s also the additional discretion that a registered agent service provides – no one wants their neighbour, employees or clients to be present when a business has to accept service of process in the event of legal action.
The other key advantage using an online registered agent service (we reviewed our favourites below) as opposed to going it alone or using a local company is that a national firm allows for expansion to other states.
If you are setting up in another state, then you’ll need a registered agent there too. Doing it with a service means you can pay a little extra and add that state to your account and they will deliver documents for that entity via the same online account dashboard that you are familiar with.
Our Top Delaware Registered Agent Services Reviewed
We recommend choosing one of the four national registered agent services below to be your Delaware registered agent (hint, sometimes it is simplest and best to choose the same service to form your Delaware LLC and be your Delaware registered agent as there are savings to be made and it is simpler that way).
Each service has it’s own pros and cons, which we have summarized below. Once you have chosen, click on the Get Started link on the corresponding service and get the best available price to set up your Delaware Resident Agent.
Price: $99 per year
Best customer service
Price: $125 per year
Price: $119 per year
Best no frills
Price: $99 per year
Price: $299 per year
Forming a Business (LLC) in Delaware
Of course choosing a registered agent is just one part of forming a business entity in Delaware.
We’ve summarised the other main steps for forming an LLC (the appropriate entity for most situations) well as showing you where appointing a registered agent fits in the process.
- Choose a business name. Be sure to choose something that’s unique to your business, is easy to pronounce (helps with word of mouth) and fits with your business. It also needs to not be an business name that is already in use in Delaware. You can check this with the Delaware State Department via its Business Entity Search.
- Appoint your registered agent. We discussed this throughout so won’t repeat ourselves here other than to say we recommend a registered agent service.
- File your formation documents: The main document you need to file initially is the Articles of Organization. Annual filings will include the annual report, but you don’t have to do that until your LLC (Limited Liability Company) is up and running.
Delaware Business Fast-Facts
- Size of Delaware economy: $63bn in Gross Domestic Product
- Business Formation Speed: 8-10 weeks for LLCs. Expedited filing for $50 can cut this to 24 hours.
- Cost (state fees) to Form a Business: $90 for LLCs
- Annual Reports: Not required, but franchise tax payment of $300 for domestic LLCs
Delaware Registered Agent Service FAQs:
How much does a Registered Agent Service Cost?
A registered agent service is typically around $100 per year (although some can cost several hundred dollars per year).
What about a Delaware-only (as opposed to national) registered agent service?
There are local firms that offer a registered agent service and they are perfectly fine for some people. The only area in which these local firms suffer in comparison to the four services that we prefer is their dashboards are usually not as user friendly and these firms can’t service your needs if you need to expand into another state.
How to Change Your Delaware Resident Agent?
It is possible of course to change your Delaware registered agent if you have an existing service. This page on the Delaware Secretary of State’s site has all the info on how to do this: https://corp.delaware.gov/coa09/
Can I Be My Own Registered Agent in Delaware?
Yes, if you are physically resident in Delaware but there are drawbacks to this, particular if you use your home address as the registered address of the business.
Are There Other Options For Registered Agent Services?
Yes, for sure. We’ve included what we think are the best, but in this post we’ve reviewed the 11 main national registered agent services.