Navigation

TM

702-871-8678

How to Change Your Delaware Registered Agent?

A registered agent also known as a statutory agent or a resident agent is an individual or a firm that has been designated towards receiving the service of process (SOP) on behalf of a business entity during summons or lawsuits pursuant to the United States business law. Most states including Delaware have made it mandatory for businesses to hire a registered agent in order to conduct business in the state. There are times when you may need to change a Delaware registered agent due to a number of reasons and in such a situation, it is important to know how the process works. This article has been created to provide information pertaining to who a registered agent is, the services they provide, steps to change a Delaware registered agent, how to choose a new registered agent etc.

Delaware Registered Agent

A registered agent in Delaware acts as the liaison between a business entity and the secretary of state or Delaware Division of Corporation to handle service of process. A registered agent in Delaware also provides an array of services that may vary from new business formation to assisting with filing of the annual report, helping obtain federal tax ID and Delaware certificate of good standing among others. If you hire a registered agent in Delaware then they will also be responsible towards receiving all types of legal documents and correspondence from the Division of Corporations on your behalf. There are several steps to change a Delaware registered agent if you already have one but require someone to handle your requirements in Delaware.

What does being a registered agent in Delaware mean?

Whether you are planning to start a new business in Delaware or thinking of expanding or moving your existing business to Delaware from another state; the State Code states that it is mandatory to hire and maintain a registered agent in Delaware. Different states may have different requirements and processes to hire or change a registered agent but the purpose remains almost the same. The purpose of a resident agent in Delaware is:

  • A legal or physical address also means that there will be staff available for facilitating the legal service of process if one is served to the business entity in an event of lawsuit or a legal action. The staff is available during normal business hours as specified by the Delaware Code.
  • A registered agent in Delaware is a firm or an individual to whom the office of the Secretary of State or Delaware Division of Corporations will send all official documents pertaining to various annual business requirements like the Delaware annual report form and franchise tax notice.
  • An important role of a registered agent in Delaware is to notify an entity regarding their business status in the state like if they are in “good standing” with the state or not.

In order to ensure effective and efficient delivery of registered or resident agent services, company’s often hire a new agent or change their existing agent. There are specific steps to change a Delaware registered agent, which you can follow to ensure all your business requirements are met by the chosen agent.

Who can be a Delaware registered agent?

A registered agent in Delaware can be a company or a person who accepts business, state, and legal mail on behalf of a business entity. Sometimes business owners are confronted with the thought of whether it is possible to be a resident agent as an individual and how to become a registered agent in Delaware and represent themselves. As to who can be a Delaware registered agent, there are two options, which is an individual as a registered agent and a commercial registered agent.

  • Individual as a Registered Agent – If you want to represent yourself or your company then you need to know how to become a registered agent in Delaware. Delaware allows individuals to be a registered agent. According to the Delaware Code, Title 6 for domestic and foreign LLC and Title 8 for domestic or foreign corporation permit an individual to be their own registered agent in Delaware. So, how do you become a registered agent in Delaware? To become a registered agent or resident agent for your own business; you will have to fulfill certain state requirements like maintaining a physical office in Delaware that should be open, and he/she has to be present at the designated location to accept the service of process or perform the duties of a resident agent.
  • A Commercial Registered Agent – A commercial registered agent on the other hand can be an individual or a firm that offers professional registered agent services in Delaware. A professional registered agent in Delaware is a firm that is compliant with the statutory requirements as specified in the Delaware Code 8 Del. C. §132, 6 Del. C. §15-111(a)(e), 6 Del.C. §17-104(a)(e), and 6 Del. C. §18-104(a)(e). Such an agent should also have represented at least 50 or more domestic or foreign business entities and have been handling service of process for at least 1 year. IncParadise has represented more than 10,000 business entities across the US and are fully compliant with the Delaware commercial agent requirements. If you are looking for professional agents with experience and expertise then you can hire IncParadise by following the steps to change a Delaware registered agent.

Do you need Delaware Registered Agent Services?

Changing Delaware Registered Agent

Different businesses have different reasons to change a Delaware registered agent for example, when you are starting an LLC, you may designate yourself or another member of the limited liability company to be the registered agent. However, since the address of the chosen registered agent goes on public record, hence most agents resign from their current position. Sometimes, a company owner opts to be an individual resident agent and due to additional workload and expansion of the business, it becomes necessary to hire a professional registered agent service. These are some of one of the most common reasons for wanting a change of agent.

Steps to change Delaware registered agent

There are a few steps to change a Delaware registered agent that you will be required to follow for smooth transition of the entire process of changing your Delaware RA. Let’s take a look at how this process actually works.

1. Choose a new registered agent in Delaware

One of the important steps to change a Delaware registered agent is to choose a new agent. Have you identified a registered agent who will provide service of process and represent you in Delaware?

In order to search and choose a new registered agent, there are two questions you need to ask:

  • Why do you want to change a registered agent in Delaware?
  • What are you looking for in the new resident agent?

Let’s look at an example to understand this. You have been acting as an individual agent for your company for a few years but since its inception, your business has grown. In such a scenario, adhering to the norms and compliances of Delaware State consumes time and you are unable to maintain regular business hours. At the same time, you need all your energy and focus on business expansion and growth. What is the next best option? You opt for the process to change a Delaware registered agent (RA) but how do you choose a new registered agent in Delaware? There are a few factors to consider while choosing an RA and they are:

  • Choose an RA service that is professional – A professional registered agent will have staff maintaining regular office hours e.g., if you take a vacation and are unable to receive a notice then a professional registered agent like IncParadise can receive on your behalf.
  • Choose an RA service that has a nationwide presence – Nationwide presence is important from the perspective that if you were to expand to another state apart from Delaware in the future, you would have to hire another agent in the new state. Instead, if you hire a registered agent service like IncParadise, which has presence in all the 50 states then you will not be required to change Delaware registered agent or hire a new one irrespective of your location.
  • Evaluate the different service levels – The services provided by a professional RA are crucial. Different registered agents provide different services depending on the type of business and the state where you are planning to conduct your operations. A reliable and professional registered agent like IncParadise provides a myriad of business services that vary from new business formation to managing paperwork associated with renewing, appointing, or changing your registered agent.
  • Are they providing any software? – One of the salient highlights of a reliable registered agent service is providing clients with access to Entity Manager Software. Our software is state-of-the-art and can be used to meet business related requirements like receiving important notifications and alerts pertaining to deadlines or annual submissions.

Once you have identified your requirements and taken all factors into consideration, it will be easy to move on to the next step of choosing a new agent or change a Delaware registered agent.

2. Notify your previous registered agent about the change

Once you have taken the decision to change a Delaware registered agent and have chosen your new agent, it is important to notify your previous registered agent about the change. Although it is not mandatory, if you don’t notify then there is a high possibility of your business getting billed for services that you are no longer in use.

3. File a Delaware Certificate for Change of Agent to the Delaware Department of State, Division of Corporations

This is one of the most important steps to change a Delaware registered agent as it will require you to file change of agent paperwork with the Delaware Department of State, Division of Corporations.

If your business is a corporation then you will be required to file the “Certificate of Change of Registered Agent/Office for Corporation” in accordance with Section 133 of the Delaware General Corporation Law. If your business is a limited liability company then you will have to file a “Certificate of Amendment Changing Only the Registered Office/Agent of Limited Liability Company” in accordance with Section 18-202 and 18-1105 (a) (11) of the Delaware Limited Liability Company Act. The certificate has to be filed along with a Cover Memo.

How much does it cost to change your registered agent in Delaware?

If you are planning to change a Delaware registered agent then the fee for filing a registered agent change certificate is $50 for both corporations and LLCs. If you hire IncParadise as your registered agent in Delaware then you can avail of a special package for “Registered Agent Change” – $89 for one year. There will also be an additional state filing fee of $50 charged separately by the Delaware Secretary of State when you change your registered agent to IncParadise. Once you order our Registered Agent services, we will take care of all your business communication with the state including Delaware Secretary of State about change of your registered agent.

Choose IncParadise as Your Delaware Registered Agent

Whether you are forming a new business or expanding your existing business in Delaware; it is mandatory to hire a registered agent in the state to handle ‘service of process’. If you are thinking of changing your registered agent in Delaware then it is also important to note that the new or chosen agent has a physical address in the state and not just a P.O. Box number. IncParadise, one of the most reputable agents in Delaware adheres to the regulations established by the Division of Corporations and Secretary of State.

We are one of the leading registered agent service providers in Delaware, and we can help you with the process of changing your registered agent in Delaware. As your registered agent in the state, we will accept the service of process and other communications including receiving legal, official, and business documents as we have experienced staff who maintain normal working hours. We also provide a secure online account to all our clients for enabling access to email notifications or for renewal of registered agent services in Delaware.

Take advantage of our Registered Agent Services for your business in Delaware!