Delaware law requires your LLC to hire a registered agent, a person or company authorized to accept official correspondence on behalf of your business, such as legal or tax documents.
A registered agent ensures your business receives all key documents and notices and complies fully with state regulations.
Registered Agent Requirements in Delaware
In Delaware, an LLC owner, known as a member, can be the registered agent, or you can choose an individual that meets state requirements. In Delaware, registered agents must:
- Be 18 years or older
- Have a physical address in Delaware
- Be available during regular business hours
- Be registered to operate in Delaware (if the agent is a business)
Registered Agent Services
Many business owners hire a registered agent service to ensure all important documents are received and addressed promptly. A registered agent service also offers convenience.
If you choose to be your registered agent, you’ll have to be available at your registered agent’s address during regular business hours. However, a registered agent service will allow you the flexibility to run and grow your business wherever you need to be.
An agency also offers privacy. Since they will receive all official correspondence for your business, you would never be served with a summons for your business in front of customers or employees.
Choosing a Registered Agent Service
Some registered agent services operate nationally, allowing you to form LLCs in other states if your business expands. However, if you don’t choose a national agency, you’ll need one with an office in Delaware.
You’ll also want an agency that will:
- Send deadline reminders for things like annual reports to ensure your LLC stays in compliance
- Digitally store your documents so you can access them at any time
- Offer great customer service
Prices for registered agent services vary, which may affect your decision. Registered agent services generally run $50 to $300 annually.
The Delaware Division of Corporations has compiled a list of registered agents for convenience but encourages you to thoroughly vet agents before hiring them.
How to Appoint a Registered Agent in State
In Delaware, you’ll officially appoint your registered agent when you form your LLC by filling in the registered agent information on your Certificate of Formation.
To form your LLC, download, fill out, and print the Certificate of Formation.
In section two, write your registered agent’s name and the address where they can be reached. If you’d like to be your registered agent, write your name and address here.
It costs $90 to file your Certificate of Formation, which you can pay by check to “The Delaware Secretary of State.” Mail your document and payment to:
401 Federal Street – Suite 4
Dover, DE 19901
Additionally, if you’d prefer to pay by credit card or an ACH account, you can scan your document and pay online using Delaware’s online document upload service.
Once your LLC is approved in Delaware, your registered agent is officially appointed. You do not need to do anything further in terms of registering your agent.
Delaware requires your LLC to have a registered agent. Some LLCs appoint a member as their registered agent, but hiring a professional service offers many advantages.
You’ll likely need to decide on whichever route you choose before you form your LLC. You can change your registered agent later if you do so, though it requires additional paperwork.
Delaware Registered Agent FAQs
Can I be my registered agent in Delaware?
Yes. When filling out your Certificate of Formation, simply put your name and address in the space for a registered agent.
What does a registered agent do for an LLC in Delaware?
A registered agent receives all government notices and documents for your LLC and must be at the designated address during business hours. Of course, you can be your registered agent, but designating someone else helps you maintain privacy and gives you greater freedom of movement.