Does A Registered Agent For A Delaware Corporation Need T Obe In Delaware?

Before filing your Certificate of Formation with the Department of Country, you lot demand to select a Delaware Registered Agent for your LLC.

A Delaware Registered Agent is a person or visitor who agrees to accept legal post on behalf of your LLC in case your business organization gets sued.

In nigh states, a Registered Agent will likewise serve every bit a general point of contact for receiving business organisation and tax notices, payment reminders, and other documents.

Your Registered Agent must have a street address located in Delaware. PO Boxes are not allowed to be used.

Your Delaware Registered Agent must also exist available during normal concern hours (9am – 5pm) in case Service of Process arrives. Service of Process for an LLC includes delivery of documents such every bit complaints, summons, and/or subpoenas (and they may need to exist signed for).

Having a Delaware Registered Agent ensures that the courtroom and legal systems part properly. If someone wants to sue your LLC, they need to legally notify you and have proof that you've been served. When a procedure server (the person who delivers legal documents) serves your Delaware Registered Agent, they are then able to produce a "Proof of Service", give that back to the plaintiff, and so that certificate is used in court to testify that you have received observe of the proceedings.

Special offering: If you rent Northwest to form your LLC ($39 + state fee), they'll include their Registered Amanuensis service free for the 1st year.

Can I be my own Registered Agent in Delaware?

You tin exist your own Delaware Registered Amanuensis, as long as y'all meet the requirements mentioned in the adjacent department.

Withal, you really accept 4 options when forming an LLC in Delaware:

Option ane: You tin be your LLC's Registered Agent in Delaware (are there risks?)

Pick 2: Your LLC can be its own Registered Agent.

Option 3: A friend or family unit member can be your LLC'south Registered Amanuensis.

Option 4: You lot can hire a Delaware Registered Agent Service, technically known as a Commercial Registered Agent.

Of import: If your Registered Agent is going to be an individual, that person needs to be a resident of Delaware and be at least eighteen years of age.

What'south the all-time Registered Amanuensis selection to choose?

If yous have a street address located in Delaware (such equally a home or role address), and are available during business organisation hours, you (or your LLC) can serve as the Delaware Registered Agent.
If you don't accept a street address in Delaware, you can utilize a friend or family unit member's address. They demand to have a street address in Delaware and be available during business organization hours.
If you don't have a street address in Delaware, and y'all don't have a friend or family fellow member'south address that you can use (or prefer non to), you can hire a Delaware Registered Agent Service Visitor.

Tip: Using a Registered Agent Service Company in Delaware gives you privacy as it keeps your address off public records.

Delaware Registered Agent Services

Note: The terms "Delaware Registered Agent Service" and "Delaware Commercial Registered Agent" mean the same thing. We volition apply them both interchangeably.

Delaware Registered Amanuensis Service Companies specialize in receiving Service of Process (legal post) on behalf of your Delaware LLC. Most Registered Amanuensis Services in Delaware price betwixt $100 and $300 per year.

Once hired, they volition receive Service of Procedure (and regular mail service) sent to your Delaware LLC and then forward information technology to yous by mail service, or scan and upload information technology to your online dashboard.

They will as well e-mail you annual report reminders to make certain you keep your Delaware LLC in compliance with the Department of Country.

The Delaware Registered Agent Service we recommend is Northwest Registered Agent ($125 per twelvemonth).

Why we recommend Northwest Registered Amanuensis

Northwest Registered Agent is our personal recommendation (and the service nosotros use ourselves) because they've been in business for over 20 years, have great customer service, and they let you lot apply their address in your entire LLC filing in order to keep your address off public record.

How to proceed your accost off public records:

Many filers in Delaware kickoff businesses from their domicile. For this reason, it's important to know that all addresses that are on your LLC's Certificate of Formation get listed on public record and may appear in google searches.

If you were thinking of using your dwelling address, simply would rather go along it off public records, y'all can hire a Registered Agent that will allow you to use their accost throughout your Certificate of Germination. Northwest Registered Agent offers this unique service at no additional cost. They offer Registered Agent services for $125 per year and they'll let you use their accost throughout your Certificate of Formation.

Whatsoever mail that is sent to your LLC will be scanned by them and uploaded into your online account.

Special discounted pricing for LLC University® readers

Northwest usually charges $100 + state fees to form an LLC. However, nosotros've negotiated a discounted rate (threescore% off) for LLC University® readers.

Risks of being your own Registered Agent in Delaware

Every bit mentioned above, you tin be your ain Registered Amanuensis in Delaware. In fact, yous, a friend, a family fellow member, or even your LLC itself can exist your Delaware Registered Agent.

But are at that place risks to being your own Registered Agent?

In short, in that location are risks. They are non too likely to occur, just if they do, you could lose your liability protection and the Delaware Department of State has the power to administratively dissolve and shut downwards your LLC.

This can happen if you don't maintain (always have) a Registered Agent on file, or if the Department of State is unsuccessful in reaching your Delaware Registered Agent.

Additionally, if a process server (a person who serves court documents and notices of lawsuits) is unsuccessful in reaching your Delaware Registered Amanuensis, a courtroom example could proceed in your absence and you might not know near it. Worse, the court could enter a default judgment against your LLC if yous aren't there to defend yourself.

A few reasons a process server might not be able to reach your Delaware LLC's Registered Agent:

you, your friend, or family unit fellow member are not there during business hours (the state of Delaware requires that your Registered Amanuensis maintain normal business organization hours)
you/they are on vacation or out of town
yous/they moved and you forgot to file a Change of Registered Agent with the state

Using a Delaware Registered Agent Service (aka "Commercial Registered Agent") is a more reliable setup. Information technology besides gives you the freedom to take vacations and non worry nigh irresolute your Registered Agent address if you move.

And the best office, using a Delaware Registered Agent company helps protect your privacy by keeping your home address off of public records.

Next Step

One time you decide who will serve as your Delaware LLC'due south Registered Agent, you tin can and so proceed to the next Lesson: Delaware LLC Certificate of Germination.

If you need to hire a Delaware Registered Agent Service (a Commercial Registered Amanuensis), please do and so earlier going to the next footstep.

Founder & Educator, LLC Academy®

Matt Horwitz has been the leading expert on LLC pedagogy for the past decade. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to offset an LLC that other companies weren't offering. He's cited past Entrepreneur Mag, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.

Matt holds a Bachelor'south Degree in business organisation from Drexel University with a concentration in business police force. He performs all-encompassing research and analysis to convert state laws into unproblematic instructions anyone can follow to form their LLC - all for free! Read more nigh Matt Horwitz and LLC University.