Removing a Registered Agent from Delaware
To cancel a Delaware registered agent, you must file a Certificate of Change form with the Delaware Secretary of State. This form removes the current registered agent and may appoint a new registered agent. If appointing a new agent, include their name and address.
Resigning as a Registered Agent in Delaware
First, the current Registered Agent must provide the entity with a notice of its intent to resign. This notification informs the entity the Registered Agent is pursuing the resignation, which will put the company into a forfeit status. The Registered Agent must wait 30 days after this notice has been sent to the company before taking any action.
At this point, the state of Delaware gives the entity another 30 days to rename the former Registered Agent as its current Registered Agent for the entity or to find a new Registered Agent to act on its behalf. Again, if no action is taken, then the entity will become officially forfeit and will lose its good standing status.
Then, submit a Certificate of Resignation of Registered Agent to the Delaware Secretary of State and make sure to provide the name and address of the new registered agent if appointing a successor. Include payment for processing and a cover sheet with your name, address, email/fax, and phone number. The fee for resignation of a Delaware registered agent with the appointment of a successor is $99 and the fee without the appointment of a successor agent is $2. Regular processing takes 10-15 business days but may be expedited.
Who Can Be a Registered Agent in Delaware?
Before you replace your current agent, you need to think about the replacement so you enjoy a smooth transition. For the agent you need, several requirements must be met. They can be any of the following:
- An individual adult (at least 18 years old) who is a resident of Delaware.
- A business entity (such as a professional registered agent service) based in Delaware.
- A foreign registered agent business entity that’s authorized to do business in Delaware.
Whether it’s an individual or a business entity, the agent must also have a Delaware street address. This means a physical location, in which there will always be someone to receive the official documents for your corporation during business hours. It can’t be just a P.O. box.
Keeping a valid registered agent on file ensures a Delaware business stays compliant. The Secretary of State can revoke a business if it ever lacks an official registered agent of record. To maintain good standing, it’s vital to have a registered agent at all times.
Changing a Registered Agent in Delaware
How do I change the registered agent of my LLC? You hire a new registered agent, file a Change of Registered Agent form with the state where the business is registered, and then cancel service with the old registered agent. Businesses can change registered agents at any time. Most states do, however, require a filing fee for the Change of Registered Agent form.
Additional Information
Delaware LLCs and corporations need to have a Delaware Registered Agent address listed in the state’s public database at all times. The Delaware Secretary of State’s office will cancel an LLC or corporation if the company does not have a registered agent.
IncNow has been providing affordable and reliable registered agent services in Delaware for 50 years.