You can change your registered agent in Delaware via the Delaware Division of Corporations’ website. Obviously, you will need some paperwork to change your Delaware registered agent.
Well, paperwork is not always scary. This article will help you correctly change your registered agent without any trouble.
What is a Registered Agent?
A registered agent is a person or entity designated by your business to receive service of process, state correspondence, and receiving or sending important business mails. Depending on the state, a registered agent may also be known as:
- Statutory agent,
- Resident agent, or
- Service of process agent.
How to Change Registered Agent in Delaware
For an LLC in Delaware, regardless of whether you choose the DIY method or hire a company, you need to file the certificate of change of registered agent. To change your registered agent mentioned in your Article of Organization, you file a change of registered agent or registered office form with the secretary of state.
However, before you file your application to change your registered agent in Delaware, you must be sure that your registered agent is:
- At least 18 years of age or older.
- Your registered agent should be a resident of the state of Delaware
- A registered agent must be present in the office during regular business hours.
- Your designated registered agent is happily willing to be nominated as your registered agent.
- Since P.O. mailbox can’t be used in most states, a registered agent must have a physical address to deliver documents.
- Your registered agent must be comfortable with their address going to be public in the state record.
Hire a Company to Change Registered Agent in Delaware
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Change Registered Agent DIY in Delaware
You can change your registered agent or the address of the registered office by filing the Change of Agent form with the Delaware Department of State. You can file the Change of Agent form online via email or send it to the Delaware Department of State through the mail.
Changing a Registered Agent or Registered Office Online
You can change the registered agent or registered office online using the Delaware Division of Corporations’ Document Filing and Certificate Request website.
Download the respective form to change the registered agent or registered office by your entity type:
Submit the form by following the steps given below.
- Complete the form with correct information, including credit card payment information.
- Save this form in your computer.
- Navigate to the online filing web page of Delaware Division of Corporation
- Fill out the required fields
- Upload the completed Change of Agent form and submit
Changing a Registered Agent or Registered Office via Mail
If filing a change of registered agent entity form by mail is more convenient, you first need to download the respective form from the Delaware Division of Corporation website. Fill it out with your correct information on your computer and ask your new registered agent to sign the document.
Important Note: Change of Agent forms submitted by mail must include a cover sheet.
Send the complete form along with the filing fee to the address given below:
Delaware Division of Corporations
401 Federal St. – Suite 4
Dover, DE 19901.
Change of Registered Agent Fee in Delaware: $5-$500
The state of Delaware charges you $50 to process your change of registered agent document for all entities except statutory trusts and nonprofits. Here is the list of change of agent fees:
- Statutory trusts: $500
- Nonprofits: $5
- All other Delaware entities:$50
You can pay this fee by credit card, check, prepaid account, or money order. Read the payment page of the change form for complete instructions.
Expedite Your Change of Registered Agent Order
If you want the Delaware Secretary of State to expedite the Change of Registered Agent form processing, you need to select the expedite service on the form. Refer to the Division of Corporations Fee Schedule for a fee according to your entity type.
Information Needed to Complete Change of Registered Agent Form
To change your Delaware registered agent, you will need to type in the following information on the change of registered agent or registered office by entity type form:
- Your Delaware entity I.D. number,
- The name of your business entity,
- The name of your current registered agent,
- The name of your new registered agent,
- The address of your new registered agent,
- Signature of the authorized person by your business,
- Signature of your new registered agent consenting to their appointment,
- Credit card information to pay the filing fee if filing online,
- If filing through the mail, tick the box if paying the fee through check or fill the information of charge fees to a prepaid account.
Why Change Registered Agent in Delaware?
In business, nothing is permanent, nor does everything hold for forever. With changing situations and circumstances, you update and revise your decisions. The same goes with the registered agent.
For instance, you may have appointed your attorney or CPA as your registered agent. Now you wish to change your attorney or CPA, so you would also want to change the registered agent. Some of the common reasons to change your registered agent could be:
- Your designated registered agent wants to retire.
- Your current registered agent moves to another state.
- Your present registered agent is too busy to take responsibility for your business correspondence anymore.
- You are not satisfied with the existing registered agent.
- You have nominated yourself as your registered agent but cannot handle this responsibility due to your busy schedule
- Your designated registered is charging a lot, and you want to hire cheaper registered agent services
FAQs on Changing Registered Agent in Delaware
Can I be My Own Registered Agent in Delaware?
All business owners in Delaware can be their own registered agents. So, whether you are running an LLC or operating your business as a corporation, you can designate yourself to accept service of process and official notices for your business.
Can I switch Registered Agents?
You can switch registered agents at any time. When you are ready to make a change, cancel the previous registered agent service and hire a new one. Then file the appropriate paperwork (change of registered agent form) with your state. However, most states require a fee to process your change of registered agent document.
Can I Get Free Registered Agent Services?
Yes, many reputable LLC services such as ZenBusiness, IncFile, etc provide 1-year free registered agent services after incorporating your business with them. For example, ZenBusiness in its basic package of $39 files your article of organization and provides a free registered agent for one year. Whereas as a standalone service, registered agent service cost you $99.
How do I change my registered agent in Delaware?
File a Change of Registered Agent form with the Delaware Secretary of State, and you’ll be able to change your registered agent. You just need to fill in the correct information, including the name of the previous registered agent, the name and address of the new registered agent, your business name and I.D. number, etc.
Do you have to have a registered agent for an LLC in Delaware?
Registered agents are a must for any formal business in Delaware. So whether you have an LLC, LLP, or corporation, you need to designate a registered agent for state correspondence. If you’re not sure what a registered agent’s role is and do you need one, read our article on What is a Registered Agent? Be Your Own or Hire a Service to help your company operate smoothly.
What is the responsibility of a registered agent?
Registered agents ensure that critical legal and other documents, such as subpoenas or regulatory notices, are delivered to you without any delay. They help your business remain compliant and up-to-date by delivering all necessary paperwork. They are responsible for accepting official correspondence on behalf of the company, such as tax forms, legal notices, and business mails.
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