Do I need a registered agent in Delaware for my LLC or corporation?

Delaware law requires all legal entities formed or registered in the state to maintain a Delaware registered agent and registered office. The agent must be available during regular Delaware business hours to receive service of process and other legal documents on the entity’s behalf. Other Delaware requirements are that the registered agent have a physical street address where documents can be delivered and that the address information be made public record. 

Failure to appoint or maintain a registered agent and office can result in loss of good standing for your business, which may mean loss of access to the courts and difficulties in securing capital and financing. A worst-case situation would be the involuntary termination of the business or revocation of the right to conduct business in Delaware.

You can rely on CT Corporation to

Safeguard your business with America's most reliable registered agent service

Registered Agent package options:

Products

Registered agent services

Easily appoint your registered agent online within 10 minutes

  • Registered agent services - includes a registered agent location within the state to receive legal and critical business communications and a dedicated team to receive and route all service of process legal notifications

  • Online portal - compliance portal to keep your business compliant 24/7

  • Name availability check - verification and reservation of desired business name within the state

    Not included
  • Incorporation services - completion and filing of all legal documents and Articles of Incorporation with the state

    Not included
  • Qualification services - preparation and filing of all qualification documents with the state

    Not included
  • Secure BOI Filing - File your Beneficial Ownership Information (BOI) within 90 days of your formation using our platform. You'll receive a separate email with details.

    Not included
Registered agent and incorporation filing

Our incorporation experts are here to help you start your business with a solid and smart foundation

  • Registered agent services - includes a registered agent location within the state to receive legal and critical business communications and a dedicated team to receive and route all service of process legal notifications

  • Online portal - compliance portal to keep your business compliant 24/7

  • Name availability check - verification and reservation of desired business name within the state

  • Incorporation services - completion and filing of all legal documents and Articles of Incorporation with the state

  • Qualification services - preparation and filing of all qualification documents with the state

    Not included
  • Secure BOI Filing - File your Beneficial Ownership Information (BOI) within 90 days of your formation using our platform. You'll receive a separate email with details.

Registered agent and qualification filing

Legally register an existing business in another state

  • Registered agent services - includes a registered agent location within the state to receive legal and critical business communications and a dedicated team to receive and route all service of process legal notifications

  • Online portal - compliance portal to keep your business compliant 24/7

  • Name availability check - verification and reservation of desired business name within the state

  • Incorporation services - completion and filing of all legal documents and Articles of Incorporation with the state

    Not included
  • Qualification services - preparation and filing of all qualification documents with the state

  • Secure BOI Filing - File your Beneficial Ownership Information (BOI) within 90 days of your formation using our platform. You'll receive a separate email with details.

    Not included
DE Registered Agent FAQs
  • What is a DE LLC or corporation registered agent?

    A Delaware registered agent is designated by a filing entity (such as an LLC or corporation) to receive any process, notice, or demand required or permitted by law to be served on the entity. Beyond alerting you to deadlines and court proceedings, some professional registered agents can also manage other documents for you at an incremental cost.

    Examples of documents received by a registered agent:

    • Service of process in connection with a lawsuit against the LLC or corporation
    • Notice of garnishment proceedings against an employee
    • Litigation documents once the lawsuit is underway, including motions or requests to produce documents
    • Legal notices
    • Government correspondence, such as notices concerning compliance requirements
  • How do I appoint CT Corporation as my Delaware Registered Agent?
    Businesses must select a Delaware registered agent prior to filing a Certificate of Incorporation or Formation with the state. You can easily appoint CT Corporation as your registered agent by contacting us or ordering online. The checkout process takes less than 10 minutes, and you will immediately receive the agent address. Our compliance specialists are also available on the phone to answer your questions and assist with your registered agent needs.
  • How do I change my registered agent in Delaware?
    Changing your registered agent requires filing the proper documents with the Delaware Division of Corporations. If you wish to change your current registered agent, CT Corporation makes it easy to switch. Visit Change of Registered Agent to learn more.
  • Why do you need a registered agent for your LLC or corporation in Delaware?
    Delaware law requires domestic and registered foreign corporations and LLCs to designate a registered agent and office to receive any process according to 8 Del. C. § 132. Your registered agent is responsible for receiving service of process and legal mandates for your company and promptly relaying them to the correct individuals within your business. A registered agent also receives important compliance information and official correspondence from state agencies. In Delaware, the agent provides information concerning state franchise taxes to the entities they represent.
  • What happens if I don’t have a registered agent in Delaware for my LLC or corporation?
    Delaware law requires entities such as LLCs and corporations to appoint and maintain a registered agent. Failing to have one can cost your company its good standing. This means you could lose the ability to secure loans and initiate lawsuits in the State of Delaware. Not maintaining a Delaware registered agent might even endanger your limited liability protection.
  • If I don’t have a registered agent, can I still be sued in Delaware?
    A Delaware business can still be sued even if it does not have a Delaware registered agent to receive service of process. The court can obtain jurisdiction in another manner, but the corporation or LLC may not have timely notice of the lawsuit in order to mount a defense.
  • Can I serve as my own registered agent in Delaware?

    Delaware allows an individual resident of the state or the entity itself to be the registered agent. However, there are significant responsibilities to consider. Failure to perform the duties of a registered agent successfully can have adverse consequences for the corporation or LLC. For example, the improper handling of service of process may eventually result in a default judgment.

    In addition, Delaware requires registered agents in the state to satisfy and adhere to agency regulations concerning customer entity verification. The Division of Corporations conducts periodic audits to make sure that Delaware registered agents are in compliance. The Division can decide not to process filings from an agent due to noncompliance.

  • What is wage garnishment?

    If your LLC or corporation has employees, a wage garnishment is the type of court order or official notice it is likely to receive. State and federal courts and agencies can order an employer to garnish an employee’s wages.

    Federal law, for example, allows federal agencies to garnish the wages of individuals, for child support, tax liens, student loans, and consumer debt. Employers can be penalized for failing to comply with wage garnishment orders. For this reason, it’s very important to ensure you have a professional registered agent handling its service of process. Approximately 7% of U.S. employees have their wages garnished, and if your company receives a garnishment and fails to take action in time, your company can be liable for the amount its employees owe.

  • What is service of process?
    Service of process is the procedure used to notify a person or entity that a legal action has been initiated against them. Service of process is governed by state or federal rules or statutes. Common methods used to serve process include personal delivery, certified mail, return receipt requested, and leaving the documents at a person’s dwelling or abode with a person of suitable age and discretion. Service of process on a corporation or LLC can be made on certain officers or agents, including the corporation or LLC’s registered agent.
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*State fees are mandatory fees imposed by the state. Price includes online discount automatically applied at checkout. Discount is for new customers only.
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