Get the fastest Delaware LLC formation online and rely on us to serve as your registered agent
Before you can form a limited liability company (LLC) in Delaware, you need to appoint an official point of contact so that the state and others can get in touch with your business. That person (or company) is called a registered agent. We’ll tell you below what the registered agent is, their duties, and the requirements to be one.
A registered agent is an individual or company serving as the central point of contact to receive important state correspondence and legal documents on behalf of a business. If the agent is an individual, they must be a resident of Delaware and at least 18 years old. If the agent is a company, it must be authorized to do business in Delaware. It’s a legal requirement to have and maintain a registered agent at all times.
The requirements for a registered agent are found in Delaware Statutes Title 6 § 18-104. These say LLCs will have and continuously maintain a registered agent and office within the state. The agent must be present at sufficiently frequent times to accept service of process and important official correspondence from the state of Delaware.
The state requires you to have this position so that the correct people within an LLC are notified in the event of time-sensitive events, such as service of process for lawsuits, garnishment notices against employees, and tax notifications.
You can be your own registered agent, as long as you’re a resident of the state, at least 18 years old, and are available during business hours. Unlike most other states, Delaware also allows the LLC to serve as its own registered agent.
Legally, you can serve as your own registered agent. But that doesn’t necessarily mean it’s a good idea. Here are a few reasons to consider hiring a service to act as your registered agent:
For a Delaware LLC, a registered agent is initially appointed in the Certificate of Formation, which is the paperwork you complete to make your LLC official with the state of Delaware. For a Delaware corporation, a registered agent is appointed in the Certificate of Incorporation.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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