Changing Your Delaware Registered Agent
A Registered Agent plays a crucial role in linking your company to a state’s Division of Corporations. The Delaware Registered Agent is tasked with promptly receiving and forwarding any service of process or correspondence from the Delaware Division of Corporations to a company. While clients worldwide can establish Delaware companies, each company must have a Delaware-based Registered Agent to comply with the Delaware Division of Corporations.
At times, clients with existing Delaware companies may inquire about changing their Delaware Registered Agent. This could be due to reasons like higher annual fees or unsatisfactory performance by the current agent. The process to switch in Delaware is simple and direct and can be done in various ways for your active Delaware company.
A stand-alone change of agent filing can be made with the state as a Certificate of Change of Registered Agent and/or Registered Office can be filed with the Delaware Division of Corporations for approval. When Harvard Business Services, Inc. (HBS) assists clients with change of agent filings in Delaware for entities such as LLCs, Corporations, Limited Partnerships and Public Benefit Corporations, the State of Delaware charges a fee of $50 to file the Certificate for approval. HBS will only charge the state fee for the change of agent filing. Therefore, it would be only $50 per corporation or LLC for the change of agent filing in Delaware. For Non-Profit Corporations, the change of agent fee with services from HBS would only be $5. Afterwards, the annual HBS Delaware Registered Agent fee would then only be $50 per year per company, guaranteed never to increase.
In cases where companies plan other changes requiring filings with the Delaware Division of Corporations, such as a client wanting to alter their LLC’s name in Delaware alongside changing the Registered Agent simultaneously, both tasks can be covered in one filing with the state. This streamlined process is also applicable when filing Stock Amendments for Corporations, where tasks like increasing Authorized Shares of Stock/altering the par value and changing the Delaware Registered Agent can be combined in a single filing.
Various considerations and factors may influence your company's structure throughout its existence. If changing your Delaware Registered Agent is potentially on the agenda, the process can be initiated in Delaware for your active company when you’re ready to proceed.
If necessary, HBS can help clients with their Change of Registered Agent filings in Delaware for their companies and also assist with filing any Amendments that need to be made with the Delaware Division of Corporations, such as Name Amendments, Stock Amendments or Restated Certificates of Incorporation/Formation. When filing an Amendment with the state, and if HBS is not the current Delaware Registered Agent for the company, HBS can also provide a free year of Delaware Registered Agent Services included in the Amendment fees if you’d like to also change the Delaware Registered Agent to HBS at the same time.
For more information pertaining to the role of the Registered Agent or for help with changing your Delaware Registered Agent to HBS, feel free to contact a live representative at 1-302-645-7400 or 1-800-345-2677 ext. 6911. Alternatively, you can send your request to info@delawareinc.com. We are also available on Skype at delawareinc and on WhatsApp at 302-260-2271. You can also conveniently complete a Delaware Change of Registered Agent order/request through our website, here. We will be happy to assist with any questions.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.