Choosing and setting up your registered agent is a key part of your business organizations — learn the basics of finding a registered agent in Delaware, including why it matters, with Mosey.
What Is a Registered Agent?
In Delaware, registered agents are crucial for any business entity. It’s an appointed individual or entity responsible for legal notices like service of process and state correspondence, such as Franchise Tax notices.
This role is a legal requirement of Delaware law for corporations and LLCs. The agent must have a physical street address in the state, as a P.O. box won’t suffice.
Why Is a Registered Agent Important?
A registered agent ensures that your small business stays informed and compliant with Delaware state law. They ensure that legal documents, including lawsuit notifications and state correspondence, are promptly received and addressed.
This keeps your business in good standing and avoids any legal pitfalls due to missed notifications.
Who Can Be a Registered Agent in Delaware?
In Delaware, a registered agent can be either an individual resident or a business entity with a physical address in the state. This address is where the agent is available during normal business hours to receive legal documents. The agent’s role is critical in maintaining the legal legitimacy of your business.
How To Set Up a Delaware Registered Agent
Now that we’ve covered the basics, let’s walk through how to get your registered agent set up properly.
Identify Your Registered Agent
Your first step is to choose a Delaware registered agent service or an individual who fulfills the state’s criteria. This could be professional business services specializing in legal services or an individual you trust.
Whether setting up a Delaware business or a Delaware LLC, your registered agent is key in maintaining your legal and regulatory obligations. Ensure they understand the nuances of Delaware corporate law and can handle important documents.
A registered agent service provides several key functions:
Mail Forwarding: Efficient handling of your business mail, ensuring you receive important documents like the annual franchise tax promptly.
Online Account Management: Easy access to documents, such as your certificate of formation, through a secure online account.
Same-Day Processing: Prompt processing of legal documents is vital for maintaining your Delaware company’s good standing.
Delaware registered agent filing services are essential in managing the complexities of running a limited liability company or any business entity.
Get Consent From Your Registered Agent
Get consent and ensure they understand their role in receiving and processing documents like the annual report, legal notices, formation documents, and other crucial communications. You’ll also want an operating agreement.
File Your Articles of Incorporation or Organization With the Delaware Secretary of State
When filing your Articles of Incorporation (for a corporation) or Articles of Organization (for an LLC), be mindful of the associated filing fee and any additional state fees. This step officially recognizes your business in the eyes of the state.
Your business filing to the Delaware Division of Corporations should include the location of your registered office, which is your agent’s address. This address is where all official communications and legal documents will be sent. Ensure the business address is accurate and matches the registered agent’s physical location.
By carefully selecting your Delaware registered agent and submitting your Certificate of Incorporation, you establish a solid foundation for your business.
Can You Be Your Own Registered Agent in Delaware?
Yes, you can be your own registered agent in Delaware, provided you meet the state’s requirements. However, remember that this will involve listing your personal address on public records and being available during business hours to receive legal documents.
How Do You Change Your Registered Agent in Delaware?
To change your registered agent, file a change of agent form with the Delaware Secretary of State. The process is straightforward and important for maintaining the legal standing of your business.
Staying Compliant With Your Registered Agent
Mosey can help streamline the compliance process, and can even serve as your registered agent. We offer a comprehensive platform for all your state compliance needs, making managing these responsibilities more efficient and less cumbersome for business owners. If you choose Mosey as your registered agent, you can receive all state mail right in the Mosey app, making it easy to find what you need — and keep it on your radar.
