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As a Delaware Registered Agent, our mailing address cannot be used as your company's physical address. State and federal governements define a physical address as the actual address where a person or organization can be found.
We can file your business entity with the state of Delaware; however, we need a mailing address on file so we will know where to send correspondence we may receive on behalf of your company from the Delaware Secretary of State.
We also need a physical address, if different than your mailing address, in case we receive service of process for your company.
For many start-ups, it is not uncommon for a physical business address to be a home address, whether temporarily or permanently. More often than not, leasing or purchasing office space is not in the budget, or even necessary, to begin.
Obtaining and having an address for your company’s contact person is mandated by Delaware law. Your information is not provided for public record, but rather just for the records of your Delaware Registered Agent.
The Delaware Division of Corporations will require that the name and address of the Registered Agent in Delaware be listed on the Certificate of Formation for an LLC or Certificate of Incorporation for a Corporation. If we are your Registered Agent, this is where our address will appear; however, this does not mean that our address is your company's physical address or principal place of business.
When applying for an EIN, the IRS will ask for the physical location of the business. Again, the address of your Registered Agent cannot be used in this instance. The IRS wants to know where the business is physically located. This does not have to be a U.S. address; it can be an address anywhere in the world.
Even if the business is an internet business, the IRS still requires a physical location of your business. The IRS also gives an option of adding a separate mailing address, such as a P.O. Box, if necessary.
In addition to places where the Registered Agent address is requested, there are some situations where our address can be used.
Although we cannot provide a physical location for your company, we can provide a mail forwarding address. Once you have set up your business entity, you have the option of signing up for our mail forwarding service. With this service, we will receive, scan and email letter mail to our clients in a timely manner.
This will not change the physical location of your business, but it does allow you to use your company name along with our street address in order for us to receive your mail (at our address) and resend specific pieces to the address of your choice.
We offer both domestic and international mail forwarding services as well as a virtual office service.
You may ask, isn’t this already included in the Registered Agent service? While we do forward government notices and correspondence from the Delaware Division of Corporations to our clients, some clients prefer to have other letter mail, such as bank mail or notices from their customers, sent to our address instead of their own.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.
There are 5 comments left for Where Is My Business Located?Michael Scott said: Thursday, March 5, 2020
If I were to use my home address as the physical location of my LLC when filing for an EIN number, does that make my address in anyway liable for anything that happens to my LLC?HBS Staff replied: Friday, March 6, 2020
It is not uncommon for home-based business and new business that don't have an office space yet to use a home address for the EIN application. We unfortunately cannot advise on the possible legal ramifications of using a home address, but an attorney would be able to tell you if there are any associated legal risks.Gayathri said: Thursday, April 18, 2019
Thank you for the information, Is obtaining an EIN a must for selling physical products alone. In case there is no specific company as such and the work are done by freelance then what should one do?HBS Staff replied: Thursday, April 18, 2019
Gayathri, generally if no company is officially formed, the business is considered a sole proprietorship and income is reported on personal tax returns. If you wish to form an LLC or corporation, an EIN is typically required. You can find additional information at: https://www.delawareinc.com/blog/disadvantages-of-a-sole-proprietorship/Tercio Lemos said: Friday, April 12, 2019
My company is in Brazil and I want to sell product in USA from UPS eFullfillment service. Do I have to have a physical address in USA? Can I go through EIN form and fill it my Brazil's address?HBS Staff replied: Monday, April 15, 2019
Hi Tercio, you do not need a US address to obtain an EIN. You can learn more about this process here: https://www.delawareinc.com/ourservices/obtain-tax-id-or-ein-for-delaware-company/Chet Sorithya said: Saturday, April 6, 2019
How I can get company's physical address for my website? I already bought LLC and EIN from your website, I need mail forward and business phone number, and business address also, thanks for your servieHBS Staff replied: Wednesday, April 10, 2019
Chet, it sounds like you might be interested in our Virtual Office service. Please get in touch via phone, email, or live chat if you have questions or would like to sign up.Alain Bwabrey said: Wednesday, April 3, 2019
I wanted to ask this question: Can a Delaware LLP or LLC be a Non For Profit organization? If yes can you tell what is necessary for a foreign incorporation from a California LLC to a Delaware LLP? Thank you very muchHBS Staff replied: Wednesday, April 3, 2019
Hi Alain, great questions. LLCs can elect non-profit status, but unfortunately this not a service that we offer or can advise on. We would be happy to help you set up a Delaware LLC, LLP, or non-profit corporation if you determine one of those is your best option.