Delaware requires every LLC, corporation, and nonprofit to maintain a registered agent, even if you live elsewhere. Learn the requirements and costs.
Delaware has more registered businesses than almost any other state, and most owners do not even live there. More than 2.1 million business entities are incorporated in Delaware, and roughly two-thirds of Fortune 500 companies call it home.
Delaware law requires every domestic and foreign entity registered in the state, including LLCs, corporations, and nonprofits, to maintain a registered agent and registered office. [1]
To serve as your own registered agent, you need a real Delaware address and someone available there during business hours, and if you formed your company from another state, you probably cannot check either box. So most Delaware entities hire a professional registered agent instead.
[Here is how to choose one, what it actually costs, and how to get it set up correctly.
What Are the Delaware Registered Agent Requirements
Selecting a Delaware registered agent is an important decision for any business entity, especially since most Delaware entities are owned by people who live outside the state. Knowing the requirements makes choosing the right one easier.
Requirement | What It Means |
Residency or entity status | Must be a Delaware resident individual, or a domestic or foreign entity authorized to do business in Delaware |
Registered office | Must have a registered office on file with the Delaware Division of Corporations |
Physical address | Must maintain a physical business address in Delaware that matches the registered office address (no P.O. boxes) |
Consent | Must consent to the appointment as registered agent |
Good standing | Must be in good standing with the state |
What Is a Registered Agent?
A registered agent is a business or individual that a business entity, such as a limited liability company, designates to receive official documents. These documents include service of process and other legal paperwork. The registered agent receives these documents at their registered office.
Ultimately, the registered agent is responsible for handling important correspondence that keeps a company in good standing with the state. This agent is also responsible for notifying a member of the business entity upon receipt of official documents, typically one of the following:
- The business owners
- A governance office
- The corporate secretary
In many cases, the service a Delaware LLC or corporation uses to file its formation documents also acts as its registered agent.
What Are the Responsibilities of a Registered Agent
A Delaware registered agent has several responsibilities that it carries out on behalf of the business it represents:
- Accepting service of process, tax notices, and other legal documents from the government
- Receiving, signing, and forwarding legal documents and corporate filings
- Helping corporations track their annual franchise tax and annual reports deadlines, and helping LLCs track their flat annual LLC tax deadline
- Handling service of process documents related to lawsuits and other legal documents
- Aiding a registered entity with relevant corporate filings
In short, a Delaware registered agent acts as a company's contact person and corporate liaison. To fulfill its duties, the agent must have a business address and maintain set business hours. The agent's address must be in the public record and filed with the Delaware Division of Corporations.
Delaware does not allow a registered agent to use a P.O. box. The agent must maintain a genuine street address in the state.
Can I Be My Own Delaware Registered Agent?
Yes, but only if you're personally a Delaware resident. Under Delaware law, an individual registered agent must live in Delaware, or the agent must be a domestic entity or a foreign entity already authorized to do business in the state. [2] Because Delaware is a popular formation state for owners who live elsewhere, most business owners can't legally serve as their own registered agent and need either a Delaware resident on their team or a third-party service.
If you do qualify to act as your own agent, you must:
- Maintain an office address in Delaware that others can send documents to
- Keep normal business hours
- Make your status as a registered agent a matter of public record with the Division of Corporations
Acting as your own registered agent will reduce costs, but there are several significant drawbacks. You must:
- Remain in the office during general business hours to process documents
- Deal with extra layers of organization on top of running your business
- Be comfortable receiving confidential papers in a public setting
DIY vs. Professional Registered Agent in Delaware
Delaware law treats this distinction more formally than most states. Any registered agent serving more than 50 entities at once is legally defined as a commercial registered agent and must meet extra statutory qualifications. [3]
Feature | DIY | Professional Registered Agent |
Who qualifies | A Delaware resident individual, or an entity authorized to do business in Delaware, serving a small number of related entities | A domestic or foreign company that serves as a registered agent for more than 50 entities |
Legal requirements | Must meet the general registered agent requirements above | Must keep a Delaware business office open during normal business hours, staffed by a natural-person officer, director, or managing agent, and must provide the Secretary of State with contact information on request |
Address on public record | The individual's or entity's Delaware address | The service's business address, not yours |
Availability | Must personally be present during business hours to receive documents | Maintains a staffed office during business hours |
Added services | None | Mail scanning and forwarding, compliance deadline alerts, multi-state coverage |
Best for | Delaware residents comfortable managing compliance themselves | Businesses formed by out-of-state or foreign owners who need a consistent Delaware presence and privacy |
What Are the Benefits of a Professional Registered Agent Service
Some business owners find the idea of acting as their own registered agent appealing. They get to save some money and can keep their processing of documents somewhat in-house. But since so many Delaware entities are owned by people who don't live in the state, most business owners end up needing a third-party agent regardless.
The following are some benefits of contracting a Delaware registered agent service.
1. Focus on Building Your Business
If you prefer to spend most of your time building your business, you likely need a third-party agent. Registered agents handle a lot of important documents and must meet labor-intensive compliance requirements. Having an outside source handle these issues allows you to focus on your company.
2. Access Physically Available Agents
A registered agent acts as a point of contact for your business and must maintain regular business hours from a Delaware address. Using a third-party agent means you always have access to somebody who's in good standing with the Division of Corporations and understands the requirements of the role, even if you've never set foot in the state.
3. Use the Power of Organization
The best Delaware registered agents do far more than receive and forward documents. Your agent will sift through the mail so your business doesn't get bogged down in junk mail and will make sure you receive the documents you need in time to meet deadlines.
4. Gain More Privacy
A third-party registered agent means unwelcome guests, such as process servers delivering a lawsuit, show up at the agent's office instead of yours. They'll receive these documents on your behalf and deliver them discreetly.
5. Keep Your Address Private
A registered agent's office address is a matter of public record. With a third-party agent, you have a layer of protection between your business address and the public record. If you're forming your Delaware entity from another state, this also means you don't need a Delaware address of your own at all.
Ultimately, having an in-house registered agent comes with more drawbacks than benefits for most Delaware entities. If you're considering a third party, our registered agent service makes it easy to maintain your privacy, so you get more time to focus on your business.
How to Set Up Your Delaware Registered Agent
You're required to elect a Delaware registered agent when filing your certificate of formation for a Delaware LLC or corporation. New business owners have several options available when selecting an agent, and Delaware businesses can also change their registered agent at any time.
Electing a Delaware Registered Agent for an LLC or Corporation
Before filing your Delaware LLC or corporation, you'll need to choose a registered agent who meets the state's requirements and consents to the appointment. You'll include your registered agent's name and registered office address in your certificate of formation when filing with the Delaware Division of Corporations.
Online Nomination
You can file for a Delaware LLC online with a $110 state filing fee. [4] Corporation filing fees vary based on your authorized share structure. During formation, you will need to nominate a registered agent to act on behalf of your business.
- Include the registered agent's name and Delaware address in your certificate of formation
- Confirm the registered agent has consented to the appointment
- File your certificate of formation with the Division of Corporations [5]
Electing an Agent by Mail
You may choose to elect your registered agent by mail. In this case, there are several steps to follow:
- Download the Certificate of Formation form from the Delaware Division of Corporations website [5]
- Complete the form's required fields for your Delaware LLC
- Include your registered agent's name and Delaware address
- Confirm your registered agent's consent to act on your behalf
- Create a duplicate copy of the document for your records
- Send the documents to the Delaware Division of Corporations
You can mail your forms to the following address:
Division of Corporations
John G. Townsend Building
401 Federal Street, Suite 4
Dover, DE 19901
Alternatively, you can also submit documents online. [6]
Electing an Agent for a Delaware Nonprofit
Unlike some states, Delaware doesn't use a separate nonprofit-specific formation form. A Delaware nonprofit is formed as a non-stock corporation under the same general corporation law, using a Certificate of Incorporation that names your registered agent in the same way a for-profit corporation would. [4]
Changing a Delaware Registered Agent Online
Sometimes existing Delaware LLCs or corporations need to change their registered agent. This information doesn't automatically update. You need to formally file the change with the Division of Corporations.
When Do You Need to Change Your Registered Agent
You must file a change if:
- Your current agent resigns or withdraws consent
- Your agent (or their office) moves outside Delaware
- Your agent is a business entity that's no longer in good standing
- You choose to switch to a different agent or service
How to Change Your Registered Agent in Delaware
Filing a change is considered an amendment to your existing certificate of formation; you do not need to refile your original formation documents. Here's the process:
- Determine the correct form. LLCs use the Certificate of Amendment Changing Only the Registered Office/Agent of a Limited Liability Company. Corporations use the Certificate of Change of Registered Agent/Office. [7]
- Complete the form, including your entity's name, file number, and the new agent's name, consent, and Delaware address.
- Have the new agent confirm consent as part of the filing.
- Make a copy for your records. Keeping these copies can help you verify your filing and provide proof of the change if needed in the future.
- Submit to the Delaware Division of Corporations by mail or online. [8]
- Pay the state filing fee. LLC-only registered agent changes carry a $50 base fee; corporations typically pay a higher base fee. Add $9 for each page beyond the first. [4]
- Choose standard or expedited processing. Delaware offers same-day, 24-hour, and 2-hour expedite tiers for an additional fee if you need the change processed faster than standard turnaround.
How Much Does a Delaware Registered Agent Cost?
A Delaware registered agent service typically costs around $600 per year, depending on the provider and included services. This is separate from your LLC or corporation state filing fees and separate from Delaware's ongoing entity taxes.
Pricing for registered agent services generally varies based on:
- Whether it's bundled with LLC or corporation formation, or purchased standalone
- Quarterly vs. annual commitments
- Additional services included, such as compliance alerts
Acting as your own registered agent costs nothing beyond your time, but as covered above, most out-of-state owners don't qualify to do this in the first place.
Ready to Choose Your Delaware Registered Agent?
Choose a trusted Delaware registered agent service that helps you stay compliant from day one. Swyft Filings protects your privacy, forwards legal documents on time, and helps keep your LLC, corporation, or nonprofit in good standing, so you can focus on growing your business confidently.
Hire Your Delaware Registered Agent Now!
Bibliography
- Delaware Code Online. "Title 8: Corporations – Chapter 1, General Corporation Law, Subchapter III: Registered Office and Registered Agent." Accessed on July 10, 2026.
- Delaware Division of Corporations. "FAQs Regarding Registered Agents." Accessed on July 10, 2026.
- Delaware Code Online. "Title 8, § 132: Registered Agent in State; Resident Agent." Accessed on July 10, 2026.
- Delaware Division of Corporations. "Corporate Fee Schedule." Accessed on July 10, 2026.
- Delaware Division of Corporations. "Certificate of Formation of a Limited Liability Company." Accessed on July 10, 2026.
- Delaware Division of Corporations. "Document Filing and Certificate Request Service." Accessed on July 10, 2026.
- Delaware Division of Corporations. "Certificate of Amendment Changing Only the Registered Office/Agent of a Limited Liability Company." Accessed on July 10, 2026.
- Delaware Division of Corporations. "Change of Agent Forms for Entities." Accessed on July 10, 2026.
Other Important Resources
FAQs
Yes, changes can be filed online through the Division of Corporations' e-filing service, or submitted by mail to the address listed earlier in this guide.
If your agent resigns, they're required to notify both you and the Division of Corporations. You'll then need to appoint a new registered agent and file the change promptly. Operating without a registered agent puts your entity at risk of losing good standing or facing administrative dissolution.
A registered agent service is a third party that fulfills the registered agent requirements on behalf of a business. These services help maintain privacy, receive legal documents, and ensure compliance with state requirements.
A registered agent service works by accepting legal notices, service of process, and state correspondence at its own registered address during business hours, then notifying you and forwarding the documents, often the same day. Most providers also track compliance deadlines, such as the Delaware franchise tax and annual LLC tax due dates, so nothing is missed.
Individual Delaware residents and foreign or domestic business entities can serve as Delaware registered agents. They must maintain a physical address in Delaware and be available during regular business hours. Commercial registered agents must also hold a valid Delaware business license.
Prices for a registered agent vary depending on where you buy your Delaware registered agent services. At Swyft Filings, prices start at $149 per quarter.
A registered office is the physical Delaware street address (not a P.O. box) where a business's registered agent is available during business hours to receive legal and state documents.
Registered agent, resident agent, and statutory agent are generally interchangeable terms. All refer to the individual or business entity designated to receive legal documents, official notices, and service of process on behalf of a company.
