As an LLC owner in Delaware, you may wish to change your registered agent for certain reasons.
In these instances, it's critical to understand the steps involved and the regulations you must adhere to have your amendment request approved and to keep your firm in compliance with Delaware state requirements.
To help you, we teamed up with our LLC experts and business advisors with over thirteen years of experience and spent four weeks researching the Delaware Secretary of State website for the correct registered agent amendment documents and procedures.
Here's everything you should know about changing registered agents in Delaware.
Quick Summary
- To change your Delaware registered agent, you must file the Certificate of Amendment Changing Only the Registered Office/Agent form with the Delaware Department of State, Divisions of Corporations.
- Owners of limited liability companies can change their Delaware registered agents by mail, fax, in-person, or through a professional service.
- It costs a state filing fee of $50 to change a business entity’s registered agent service in Delaware, and the processing takes 2-3 weeks.
Who Can Be A Delaware Registered Agent?
Any individual or corporation can be a Delaware registered agent as long as they meet the Delaware state requirements for being a registered agent.
As per the United States business law, a Delaware registered/statutory agent is responsible for handling all legal correspondence and notices on behalf of a business entity.
To be a registered agent in Delaware, you must meet the following registered agent state requirements:
- Must have a street address in Delaware
- Must be authorized to handle legal papers
- Must be available throughout normal office hours
- Must be eligible to transact in Delaware
- Must be 18 years or more
How To Change Your Delaware Registered Agent?
To change your Delaware registered agent, you must file the Certificate of Amendment Changing Only the Registered Office/Agent with the Delaware Department of State, Divisions of Corporations.
The Delaware Secretary of State's website has different Change of Agent forms for each type of business entity.
For example, if you're changing a registered agent for an LLC, you'll have to download the Certificate of Amendment Changing Only the Registered Office/Agent form specific to an LLC [1].
Note that this document is for changing your registered agent only and not updating any other business entity details.
It costs $50 to file the Certificate of Amendment Changing Only the Registered Office/Agent document and have your new LLC registered agent details in the state's records.
You can change your Delaware registered agent by mail, fax, in person, or through a professional service.
Here's how.
1. Changing Your Registered Agent Using a Professional Service
Using a professional service to change Delaware registered agents is an excellent option if you're a busy entrepreneur and can't handle the filing.
A professional service will handle the resident agent paperwork and notify you when the amendment form is approved.
2. Changing Your Registered Agent by Mail
Changing your resident agent by mail is an option for delivering a physical paper form of the Change of Agent document.
Visit the Delaware Secretary of State's website to access the Certificate of Amendment Changing Only the Registered Office/Agent form.
Ensure you select the correct form according to your business type.
Once you select the form, download it and complete the correct details.
When filling out the Certificate of Amendment Changing Only the Registered Office/Agent, provide the following registered agent information:
- Entity name
- Name of the new Delaware registered agent service
- The new registered agent’s address
- Official name and signature of the business owner
Before submitting your form, complete a cover memo and attach the two documents [2].
On the cover memo, you must provide your full name and address along with a phone number, fax number, or email address so that the SOS may get in touch with you if there are any issues.
All required fields on the memo, such as the file or reservation number, must be filled in, or your submission will be rejected.
All mail submissions are sent to the following official address:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
It takes 2-3 weeks to process the Change of Agent form, but you can pay extra for expedited processing and have your new registered agent details approved sooner.
The expedited shipping options for changing registered agents include the following:
- $1,000 for one-hour service
- $500 for a two-hour service
- $200 for same-day service
- $100 fee for 24-hour service
3. Changing Your Registered Agent In-person
Changing Delaware registered agent in person is a good option if you prefer to hand-deliver your documents.
After downloading the agent form online and filling it out, please take it to the SOS office along with a completed cover memo.
If you want your Change of Agent document approved faster, you can pay an additional $1000 or $500 and have your form approved in 1 or 2 hours, respectively.
Submit your in-person filings to:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
4. Changing Your Registered Agent by Fax
The Delaware Secretary of State allows business owners to fax their Certificate of Amendment, Changing Only the Registered Office/Agent.
This is an easy filing process because all your need to do is fill out the amendment form and fax it.
Fax your forms at 302-739-3812.
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FAQs
How Much Does It Cost To Change a Registered Agent in Delaware?
It costs $50 to change a registered agent in Delaware. This amount covers the processing of the Delaware Certificate Change of Agent gent form. However, the total amount may be more if you pay extra for expedited processing.
Can I Be My Own Registered Agent in Delaware?
Yes, you can be your own registered agent in Delaware if you're over 18, have a Delaware resident address, and are authorized to handle legal papers. You must also be available to accept service of process during normal business hours.
Do You Want To Change Your Delaware Registered Agent?
Changing a registered agent in Delaware can be an uphill task if you're new to the process and don't know what to do.
If you're looking for professional help on changing your registered agent, here's our list of the best registered agent services in Delaware that can help you out.
Having tested these seven professional registered agent services firsthand, we can attest to their professionalism, affordability, and promptness.
In addition to filing your Change of Agent document, they offer other business filing services to help your entity stay in good standing with the Delaware Secretary of State.
References:
- https://corp.delaware.gov/coa09/#
- https://corp.delaware.gov/cvrmemo/
