Creating a new Delaware corporation or a LLC is very quick and easy with relatively little information required to be listed on the Certificate of Formation or the Certificate of Incorporation. Since the minimal information is on file with the Delaware Secretary of State, the Division of Corporations office mandated in 2006 that Delaware registered agents have a valid communications contact on file at all times. This is to ensure that any service of process is delivered to the company in a timely fashion. The law states:
Every corporation formed under the laws of this State or qualified to do business in this State shall provide to its registered agent and update from time to time as necessary the name, business address and business telephone number of a natural person who is an officer, director, employee, or designated agent of the corporation, who is then authorized to receive communications from the registered agent. Such person shall be deemed the communications contact for the corporation. Every registered agent shall retain (in paper or electronic form) the above information concerning the current communications contact for each corporation for which he, she or it serves as a registered agent. If the corporation fails to provide the registered agent with a current communications contact, the registered agent may resign as the registered agent for such corporation pursuant to § 136 of this title.
To sum things up, we need an individual’s name, street address, and phone number kept current with the agent at all times; a P.O. Box or postal mailbox is not acceptable. An example of the communication contact could be a client’s attorney, accountant, an individual from the company responsible for overseeing the LLC, or the clients themselves. The P.O. Box or a postal mailbox is acceptable for the mailing of the annual Delaware registered agent service and for the Delaware franchise tax notice, but NOT for the “communications contact.”
To update the communications contact or your billing address please call us at 800-345-2677 ext 6903 or email us at firstname.lastname@example.org . You can also visit us online at DelawareInc.com.