What Is A Registered Agent Delaware Necessary

Before filing your Document of Formation with the Department of Land, you lot need to select a Delaware Registered Agent for your LLC.

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

In most states, a Registered Amanuensis will also serve as a general point of contact for receiving business and tax notices, payment reminders, and other documents.

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

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

Having a Delaware Registered Agent ensures that the court and legal systems function properly. If someone wants to sue your LLC, they demand to legally notify you lot and have proof that you've been served. When a process 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 then that document is used in court to prove that yous take received notice of the proceedings.

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

Can I exist my own Registered Amanuensis in Delaware?

You can be your own Delaware Registered Amanuensis, as long as you lot run across the requirements mentioned in the side by side section.

However, you actually have four options when forming an LLC in Delaware:

Option 1: You can be your LLC'south Registered Agent in Delaware (are there risks?)

Option two: Your LLC can exist its own Registered Agent.

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

Option 4: Y'all can hire a Delaware Registered Agent Service, technically known as a Commercial Registered Agent.

Important: If your Registered Amanuensis is going to be an individual, that person needs to exist a resident of Delaware and exist at least 18 years of historic period.

What'south the all-time Registered Agent choice to choose?

If you have a street address located in Delaware (such every bit a home or function address), and are available during business hours, you (or your LLC) can serve equally the Delaware Registered Amanuensis.
If you don't accept a street address in Delaware, you lot can use a friend or family member'south address. They need to have a street address in Delaware and exist bachelor during business organisation hours.
If you don't take a street address in Delaware, and y'all don't have a friend or family member'due south address that you can use (or prefer not to), you tin can rent a Delaware Registered Agent Service Company.

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

Delaware Registered Agent Services

Note: The terms "Delaware Registered Agent Service" and "Delaware Commercial Registered Amanuensis" mean the aforementioned affair. We volition utilise them both interchangeably.

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

Once hired, they will receive Service of Process (and regular mail) sent to your Delaware LLC and and so forrard information technology to you by post, or browse and upload it to your online dashboard.

They will also e-mail you almanac report reminders to make sure you keep your Delaware LLC in compliance with the Department of State.

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

Why we recommend Northwest Registered Agent

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

How to keep your accost off public records:

Many filers in Delaware showtime businesses from their home. For this reason, it'due south 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 y'all were thinking of using your home address, just would rather keep information technology off public records, y'all can rent a Registered Agent that will allow yous to use their address throughout your Certificate of Germination. Northwest Registered Agent offers this unique service at no boosted price. They offer Registered Agent services for $125 per year and they'll let you use their address throughout your Certificate of Formation.

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

Special discounted pricing for LLC University® readers

Northwest commonly charges $100 + land fees to grade an LLC. Nonetheless, we've negotiated a discounted rate (60% off) for LLC Academy® readers.

Risks of being your own Registered Agent in Delaware

As mentioned above, y'all can be your own Registered Agent in Delaware. In fact, y'all, a friend, a family unit fellow member, or even your LLC itself can be your Delaware Registered Agent.

But are there risks to beingness your ain Registered Agent?

In brusk, there are risks. They are non too likely to occur, but if they practise, you could lose your liability protection and the Delaware Department of State has the power to administratively dissolve and shut down your LLC.

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

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

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

you, your friend, or family member are not there during business hours (the state of Delaware requires that your Registered Amanuensis maintain normal business organisation hours)
you/they are on vacation or out of town
y'all/they moved and you lot 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. It also gives y'all the freedom to take vacations and not worry almost irresolute your Registered Agent accost if you motility.

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

Next Footstep

One time you lot determine who will serve every bit your Delaware LLC'due south Registered Amanuensis, you tin can so proceed to the side by side Lesson: Delaware LLC Certificate of Formation.

If you lot need to rent a Delaware Registered Amanuensis Service (a Commercial Registered Agent), please exercise and so earlier going to the next step.

Founder & Educator, LLC University®

Matt Horwitz has been the leading expert on LLC educational activity for the past decade. He founded LLC University in 2010 subsequently realizing people needed simple and actionable instructions to get-go an LLC that other companies weren't offering. He'south cited by Entrepreneur Magazine, Yahoo Finance, and the U.s.a. Chamber of Commerce, and was featured by CNBC and InventRight.

Matt holds a Bachelor's Degree in concern from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into unproblematic instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.