Can You Be Your Own Registered Agent In Delaware?
If you’re setting up a Delaware LLC or Delaware corporation and wondering if you can serve as your own Registered Agent, the short answer is yes. However, there are some significant drawbacks to acting as your own Registered Agent in Delaware. It’s important to weigh all your options, including the possibility of engaging a Registered Agent service.
This article explains how you can be your own Registered Agent in Delaware. We also explore the reasons why you might, and might not want to be your own Registered Agent.
What Is A Delaware Registered Agent?
A Delaware Registered Agent is either a person or a company you appoint to accept legal notices, or “service of process”, for your Delaware business. They act as an official and reliable point of contact.
Delaware state law requires all limited liability companies (LLCs) and corporations to have a Delaware Registered Agent at all times. The state makes the Registered Agent’s details, including their name and address, public.
Who Can Be A Delaware Registered Agent?
In Delaware, both individuals and companies can be Registered Agents. However, they must fulfill specific requirements to qualify.
Requirements To Be A Delaware Registered Agent
A Delaware Registered Agent for your company must meet the following criteria:
#1. Have A Physical Address in Delaware
Your company’s Delaware Registered Agent must have a physical address within the state. This cannot be a P.O. Box or a virtual office address.
A Registered Agent needs to have a real mailing address located in the state of Delaware.
#2. Availability During Business Hours
Registered Agents need to be present at their Delaware address during standard business hours to accept service of process. These hours are typically from 9:00 AM to 5:00 PM, Monday through Friday.
#3. Maintain Contact Information for the Company
The Delaware Secretary of State requires Registered Agents to keep a record of contact information for each company they represent. This includes having a designated contact person’s name and mailing address to ensure proper forwarding of service of process.
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Pros Of Being Your Own Agent in Delaware:
Here are the main pros of being your own Registered Agent for your Delaware company:
Pro: Cost Savings
If you choose to be your own Registered Agent, you won’t have to pay an annual fee to a service provider. Registered Agent service companies in Delaware typically charge between $50 to $300 per year.
That’s the main benefit of being your own Registered Agent in Delaware: it’s more economical. Here are some of the cons:
Cons Of Being Your Own Agent in Delaware:
Con: Lack of Privacy
Acting as your own Registered Agent will make your full name and address public in connection with your company. The Delaware Division of Corporations makes the Registered Agent information of every Delaware company available on their website.
Con: Constant Availability Required
Delaware Registered Agents must be available at their listed address during standard business hours every weekday to accept potential service of process. If you’re your own Registered Agent, this responsibility falls on you.
Missing a service of process delivery can be costly. Oftentimes these types of legal notices are urgent and require immediate action. The longer it takes to notify you of a legal action taken against your company, the more likely it is that you could face fines or even a default judgment.
Pros of Hiring A Delaware Registered Agent Service
Here are some of the pros of hiring a Delaware Registered Agent service to meet your company’s Registered Agent requirement:
Pro: More Privacy
Opting for a Delaware Registered Agent service to represent your company offers added privacy, as it keeps your personal information off the state’s website. The Delaware Division of Corporations website will publicly list the Registered Agent service’s address instead of your name and address.
Pro: Increased Flexibility
Hiring a Delaware Registered Agent service means you’re not tied down to being present at a specific address during business hours. to receive important legal notices.
This arrangement gives you more flexibility to leave your place of business for client meetings, conferences, or even vacations, without worrying about missing any important document deliveries.
Pro: Get Help With Your Business
A Delaware Registered Agent service can be a supportive partner to help you keep your company’s good standing status in Delaware. They can send you reminders about critical deadlines, like for the Delaware Annual Franchise Tax and the Delaware Annual Report.
Additionally, some Delaware Registered Agent services offer tools to help business owners manage their company’s legal compliance. For example, IncNow offers Registered Agent customers access to a user portal that helps them easily monitor the status of all their companies.
Cons of Hiring A Delaware Registered Agent Service
There are some cons of using a Delaware Registered Agent service, despite all of the pros:
Cons: Additional Costs
Registered Agent services in Delaware do charge fees for their services. Most companies just charge an annual fee for their Registered Agent services.
How Much Does A Registered Agent Cost In Delaware?
IncNow offers Delaware Registered Agent services for $109 per year. IncNow ensures the delivery of original paper copies via USPS Certified Mail. For international customers, documents are forwarded through International Federal Express to guarantee timely and secure delivery.
Can You Change Your Registered Agent In Delaware?
Yes, you can easily change your company’s Registered Agent in Delaware. You can switch your Delaware Registered Agent anytime, whether because you no longer want to serve as your own Agent anymore, or if you’re just unhappy with your current Registered Agent service.
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How To Choose A Registered Agent Service In Delaware
Selecting the right Registered Agent service for your Delaware company is an important step in starting a business. A Delaware Registered Agent is more than just a legal formality; they should be a partner to help you maintain your company’s good standing.
Here’s what you should look for in a Delaware Registered Agent:
Experience:
Choose a Delaware Registered Agent that is trustworthy and is proven to be reliable over time. Experience should be a big factor in your decision.
For example, IncNow has been providing Registered Agent services in Delaware since 1974. They’ve incorporated tens of thousands of companies in Delaware and helped them meet their Delaware Registered Agent requirements.
Expertise:
Your Delaware Registered Agent should have specialized knowledge of Delaware state laws and regulations. Many large Registered Agent companies provide services nationwide and do not focus on any single state. However, local expertise can make a significant difference.
IncNow has been headquartered in Wilmington, Delaware for over 50 years and specializes in Delaware Registered Agent services. This focus allows IncNow’s team of Delaware Incorporation Specialists to provide unmatched service.
Reliability:
A dependable Registered Agent service ensures your business needs are met consistently, keeping your company compliant.
IncNow commits to immediate scanning and emailing of digital copies for all documents your company receives. Original paper copies are sent via USPS Certified Mail, with documents for international customers forwarded through International Federal Express, guaranteeing timely and secure delivery.
