Delaware Registered Agents: Things You Have to Know

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A Delaware registered agent is a person or company that receives legal and state communications on behalf of a company doing business in the state of Delaware.

The registered agent ensures that your company can always be contacted by the Delaware Secretary of State and that in the case of a lawsuit your company can always be reached for service of process.

Delaware State Code 8 Del. C. § 132 requires business entities to maintain a Delaware registered agent.

Who Is Required to Maintain a Registered Agent in Delaware?

These business structures require a Delaware registered agent:

• Corporations
• Limited Liability Companies (LLCs)
• Limited Partnerships (LPs)
• Limited Liability Limited Partnerships (LLLPs)
• Statutory Trusts

These business structures don’t require a Delaware registered agent:

• Sole Proprietorships
• General Partnerships

Requirements: What Does a Registered Agent Do for the State?

Since the state of Delaware does not require a principal business address to be listed on formation documents, it would be possible for a company to exist in Delaware with no way of contacting them in the case of a lawsuit or inquiry by the state. It would be chaos.

But that’s what a registered agent does for the state. How can a registered agent help your business?

Benefits: What Can a Delaware Registered Agent Do for Your Business?

So there is this requirement that you maintain a registered agent for you business in Delaware, but it’s also important to understand that you can use a registered agent for your own benefit. A registered agent can help you to keep your personal data private of public records, keep your business in good compliance, register your business with the state, and more. Read on to learn how.

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A registered agent must meet several requirements, and it’s possible to act as your own Delaware registered agent if you meet them – we’ll get into down below if you want to go that route. So, if it’s possible to be your own registered agent, then why do so many companies hire one? It’s because in most cases the benefits of having a commercial registered agent far outweigh the cost.

Below are the main reasons people hire a Delaware registered agent instead of serving themselves.

Hire a Delaware Registered Agent for Enhanced Privacy

If you’re trying to create an anonymous LLC, a commercial registered agent is imperative. But even if you’re not trying to be anonymous (most businesses want the opposite of anonymous), you’ll still benefit from the privacy offered by a commercial registered agent (especially if you have your business formed by a registered agent). This is because of what happens to your data once it’s in a public database.

Don’t think of your registered agent as a mail service, think of it as a privacy buffer between your business and bad actors

The reason you want to hire a commercial registered agent before or while you’re forming your Delaware company is they’ll use their address instead of yours on the Certificate of Formation. This little privacy trick is going to pay dividends for your company for years to come by keeping your own name, address, and phone number off of public records.

Your Registered Agent Should Also Register Your Company With the State

Take a look at this Delaware Certificate of Formation. If you serve as your own registered agent, you’ll list your name and physical address. You’ll also sign the document. That information goes into a public data base, which spammers and scammers and anyone can access.

But if you hire a commercial registered agent, it’s their information that goes to the state and the public. This allows you to control your public exposure. It allows you to keep your LLC separate from your personal self.

Hire a Delaware Registered Agent Because You Work From Home

If you’re business is based out of your home then you definitely want to hire a registered agent. You do not want anyone to be able to Google your LLC and come back with your home address. Remember, you cannot use a p.o. box or virtual office as your registered agent address. It must be a physical address. If you are being sued or dealing with an irate customer, you want them to have to reach you through your registered agent. This is worth the money.

Hire a Registered Agent Because You Are Out of State

If you are doing business in Delaware, but your company is based in another state, principal office is not in Delaware, you’ll likely need to hire a Delaware registered agent. The exception to this is if you maintain a staffed office in Delaware and one of your staff members will act as authorized signer of your registered agent documents.

Hire a Delaware Registered Agent Because of the Convenience

A good Delaware Registered agent offers much more than the basic requirements of the law. The mechanisms of an LLC or Corporation are minimal but crucial. The consequences of missing a few notices from the state could mean your LLC gets dissolved. A Delaware registered agent eliminates this risk in a very convenient, very affordable way.

A good Delaware Registered Agent will keep you abreast of compliance deadlines. For example, Delaware does not require an annual report for LLCs, but they do require a flat $300 fee to be paid. If you forget to pay this fee, your LLC could be dissolved by the Delaware Secretary of State, and you could lose the limited liability status of your company. Imagine forgetting this simple administrative task and because of that, exposing your personal assets to legal attack.

A commercial registered agent will automate this process and inform you exactly when this annual tax is due (they’ll also file it for you for a small fee). This allows you to go about the task of running your business, so that you’re not bogged down by trivial but crucial minutia.

A registered agent in Delaware may be the business owner themselves, a resident of Delaware, or a legal entity with a physical address in Delaware.

Anyone Who Meets the Following Requirements Can Be a Delaware Registered Agent

Are the following all true? Then you can legally serve as your own Delaware registered agent.

• You are at least 18 years of age
• You have a physical Delaware address (no P.O. boxes or virtual offices)
• You are available at said address to receive service of process and state communications during business hours
• You are willing to forward legal communications to the LLC owners
• You are willing to make said address a matter of public record

How to Become a Delaware Registered Agent

If you can meet these requirements, simply list your name and physical address on the registered agent portion of your formation documents. You don’t need to prove that you meet these qualifications. However, if you fail to receive a state communication or legal notice, your LLC could be dissolved or you could lose the limited liability protection of your LLC.

If you have an existing registered agent and want to change your registered agent to yourself, follow these instructions to change your Delaware registered agent.

You can find a complete list of Delaware registered agents on the Delaware Secretary of State, but here are two that we think do a really good job.

Fee: How Much Does A Delaware Registered Agent Cost?

There is no fee associated with serving as your own registered agent, but it typically costs between $100-$300 per year to hire a commercial registered agent (though we know of a good one that costs only $29/year).

Checkout our recommendations below.

Best Budget Delaware Registered Agent

Delaware Registered Agent ($29/year) Delaware Registered Agents have been in the game for a long time, spend almost no money on advertising, and offer about the lowest rate out there. We recommend them if you have an existing company and are able to handle annual reporting on your own.

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Northwest Registered Agent ($125/year) These guys will form your LLC for $39, and will also list their address instead of yours wherever possible on the Articles of Organization. This is an actual huge benefit, even if your not all that concerned about anonymity. The amount of junk mail and spam calls you’ll avoid alone is worth this benefit. Your company’s registered agent is a matter of public record. If you look up an LLC, what you’re going to find is the company’s registered agent phone number and physical address. Spammers love this list. Disgruntled people love this list. Believe me, I still get spam phone calls for the first company I formed over 10 years ago.

These are the added benefits that Northwest Registered Agent offers:

• $39 LLC formation
• Same day scans and uploads of all legal and state notifications
• Privacy by Default®(They use every opportunity to keep your contact information off of public documentation and do not sell your data)
• Annual report reminders
• A client portal from which you can easily manage multi-state expansion

There are relatively few barriers to entry for being a commercial registered agent in Delaware. A person really must only have a physical address they agree to be at during business hours to receive and forward service of process. Many law offices and individuals offer registered agent services for this reason. But a good online service does a lot more than just forward your mail. And often for a lot less than law offices do.

Expect a good registered agent to:

• Keep your private data off public documents whenever possible
• Keep your private data private from third party vendors
• Provide an online portal where you can view all of your state communications and legal notices
• Keep you updated about annual report reminders and other compliance issues
• Help you maintain privacy by using their address instead of yours wherever possible, even on your business formation documents

In Delaware, the role of a registered agent in an anonymous Delaware LLC is similar to that in any other type of business entity. A registered agent plays a critical role in the formation and ongoing operation of an LLC, even if the LLC desires to maintain a level of anonymity. Here’s an overview of the role of a registered agent in an anonymous Delaware LLC:

Legal Requirement: Delaware, like most states, requires all LLCs to have a registered agent with a physical address in the state. The registered agent’s main responsibility is to serve as the LLC’s official point of contact for receiving legal documents, tax notices, government correspondence, and lawsuits on behalf of the LLC.

Anonymity: In an anonymous Delaware LLC, the anonymity typically pertains to the ownership and management of the LLC, rather than the registered agent. While the owners and managers (members and managers) of the LLC can remain anonymous through various legal structures and arrangements, the registered agent’s information is usually public and available in the state’s records.

Privacy Protection: Maintaining anonymity in a Delaware LLC typically involves the use of nominee services, trust structures, or other legal entities to hold ownership interests on behalf of the true owners. These arrangements are designed to protect the privacy of the LLC’s members or managers while still complying with Delaware law.

Business Operations: The registered agent’s role is primarily limited to receiving and forwarding official documents on behalf of the LLC. They do not have decision-making authority or responsibilities related to the day-to-day operations of the LLC.

Legal Compliance: An anonymous Delaware LLC must still operate within the bounds of the law and fulfill all tax and reporting requirements. While anonymity may be maintained for ownership, legal authorities can still access certain information through appropriate legal processes when necessary.