What Is a Delaware Registered Agent?

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If you're forming a corporation or LLC in the state of Delaware, you'll need a Delaware Registered Agent. So what is a registered agent, and why do you need one? Below are a few frequently asked questions about the role and some of the services a registered agent will provide.

A Registered Agent is the liaison between your company and the state in which it is incorporated. In Delaware, your Registered Agent is your intermediary with the state of Delaware's Division of Corporations.

Delaware Registered Agents are responsible for receiving and forwarding legal documents and correspondence from the Delaware Division of Corporations to clients in a timely fashion. Some examples of documents received and forwarded are Franchise Tax reports, late notices, void notices from the Secretary of State and service of process for legal actions against your company.

Why Do I Need a Delaware Registered Agent?

There are several reasons why corporations and LLCs need Registered Agents, the most important of which is that it is required by law. The Delaware Code states that "every corporation shall have and maintain in Delaware a Registered Agent," per section 132(a) of the Delaware General Corporation Law and section 18-104 of the Delaware LLC Act.

In addition to adhering to Delaware law, having a Registered Agent allows you to focus on more important aspects of your business. As part of our Delaware Registered Agent services, we will remind you when the annual Delaware Franchise Tax is due and, for a small service fee, assist you in filing it punctually.

Failing to renew your Delaware Registered Agent severs the line of communication between you and the State of Delaware. As a result, you and your business would be open to certain risks, such as loss of due process in court, fines due to missed tax payments, and loss of good standing.

What if I Don't Have a Registered Agent?

If you don't have a Registered Agent for your corporation or LLC the entity is not live and legal. The registered agent serves as the official point of contact for legal notices. Without a registered agent, your business may not be notified of lawsuits or tax notifications from the state. Failure to maintain a Delaware registered agent can also result in the loss of good standing with the state. In severe cases, Delaware may even forfeit the corporation or LLC, revoking its authority to conduct business.

Registered Agent Renewal

In Delaware, businesses "renew" their relationship with their registered agent by keeping up with our annual $50 registered agent fee. Other than that you need to keep the communications contact up to date with the registered agent in the event of a relocation or change in contact information.

Can I Be My Own Delaware Registered Agent?

An individual and entity can act as their own Delaware Registered Agent for their business if they have a physical street address in the State of Delaware.

When Should I Obtain a Delaware Registered Agent?

If you are filing a corporation or LLC directly with the state of Delaware, you'll need to list your company's Registered Agent when you file. You can elect Harvard Business Services, Inc. via our fast and easy Registered Agent service order form before you file. Our service is the best in the industry.

If you are filing a corporation or LLC with us, your first year's Registered Agent service is included in whichever formation package you choose. After your initial year, our Registered Agent Fee is just $50 per year, guaranteed, for the life of your company, as long as your company remains in good standing with the state of Delaware.

To choose your formation package and register us as your Delaware Registered Agent, please visit our corporation and LLC order form. We're also available to help over the phone at 1-800-345-2677 or via live chat. Your company can be formed in minutes.

Can I Change My Registered Agent?

Yes. You can change your Delaware Registered Agent to Harvard Business Services, Inc. in just a few simple steps on our website.

Our Delaware Registered Agent Fee Guarantee

We guarantee your Delaware Registered Agent Fee will remain at $50 per company, per year, for the life of your company. Our annual fee has remained fixed since 1981. For more information, please view our Registered Agent guarantee.

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Understanding Delaware Registered Agents in 2 Minutes or Less

Learn more about what we do as your Registered Agent, why it's required by law to have one, what can happen to your company if you don't maintain one, how to find the best Delaware Registered Agent and how our annual Registered Agent Fee compares to others.