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.