Registered Agent Services for Delaware
Every LLC and Corporation in Delaware must be represented by a Registered Agent. A Registered Agent is required to be available to receive service of process from the state regarding any company business, and must follow all state statutory requirements. Failure to have an appropriate Registered Agent will cause a company legal issues and may also result in fines.
Understanding Delaware Registered Agents
A Delaware Registered Agent has to meet several state requirements. Failure to meet these requirements can lead to revocation of your company's corporate or LLC legal status and possibly additional penalty fees.
A Registered Agent in Delaware can be the company itself, an individual resident of Delaware, or a domestic or foreign legal entity. Regardless of the type of agent chosen, all Registered Agents in Delaware must perform the following functions:
- If an entity, they must maintain a business office in Delaware that is generally open. If an individual resident, he or she must be present at a designated location in the state frequently enough to receive legal documentation.
- Be authorized to transact business in Delaware.
- Promptly forward all received legal documents to the Corporation or LLC.
- Forward an annual report to the company in a form required by the Secretary of State.
- Retain the current communication contact at the Corporation or LLC represented, including name, business address, and business telephone of a natural person who is authorized to receive communications from the Registered Agent.
Many companies expect that they won't receive many notices from the state and that therefore their choice of Registered Agent isn't that important. However, keep in mind that it isn't only legal action that generates a notice from the State of Delaware. There are several other documents that may be delivered to your Registered Agent in Delaware:
- Subpoenas for records
- Wage garnishments
- Official state correspondence and other business requests
Choosing Your Delaware Registered Agent
Determining your Registered Agent for Delaware is an important choice. Some companies simply default to having the business, and the business location, listed as the Registered Agent. However, they still have to designate a person to receive communications from the Registered Agent, meaning that a specific employee or business officer will be involved.
There are concerns with being your own Registered Agent. The first has to do with reliability. You have to maintain a member of your staff on record at all times to receive business notices and other official state correspondence. If they take vacation for a week, or are terminated from the company, a new person has to be designated with the state of Delaware, which takes time and money. Any delay can have legal and financial consequences.
Privacy is another major concern. The Registered Agent has to have a publicly listed address. Would you want your key employee's address known to the public? Even if you use the business, how does it look to customers if a sheriff comes to the office to give someone papers? Even if it's not adverse legal action, it can appear to be to an outsider.
As a result of these issues, many businesses searching for a Delaware Registered Agent service choose to use a third party like incorporate.com. When you work with us, you no longer have to worry about the reliability of your staff, the privacy of your officers, or the public appearance of being served papers. The LLC or Corporation can rely on incorporate.com to receive and forward any official communications promptly, discreetly, and affordably.