Where Is My Business Located?
As a Delaware Registered Agent, our mailing address cannot be used as your company's physical address. State and federal governments define a physical address as the actual address where a person or organization can be found.
We can file your business entity with the state of Delaware; however, we need a mailing address so we will know where to send correspondence we may receive on behalf of your company from the Delaware Secretary of State.
We also need a physical address, if different than your mailing address, in case we receive service of process for your company.
The State of Delaware requires that a Registered Agent keep a current communications contact on record for active Delaware entities with a physical address, email address and phone number, so that the Registered Agent can forward correspondence from the Delaware Secretary of State to the entity in a timely manner. The communications contact address does not have to be a Delaware or U.S. address.
For many start-ups, it is not uncommon for owners to set their business address for an LLC as their home address, whether temporarily or permanently. More often than not, leasing or purchasing office space is not necessary or in the budget.
Delaware law mandates that we have an address for your company’s contact person. Your information is used solely for the records of your Delaware Registered Agent, and is not public record.
What Address Goes on the Certificate of Incorporation or Certificate of Formation?
The Delaware Division of Corporations requires that the name and address of the Registered Agent in Delaware is listed on the Certificate of Formation for an LLC, or the Certificate of Incorporation for a Corporation. If Harvard Business Services, Inc. is your Registered Agent, this is where our address will appear; however, this does not mean that our address is your company's physical address or principal place of business.
What Address Should You Use for Your SS-4 Form?
When applying for an EIN, you will be asked for the physical location of your business by the IRS. The address of your Registered Agent cannot be used in this instance. The IRS wants to know where the business is physically located. This does not have to be a U.S. address; it can be an address anywhere in the world.
Even if the business is an internet business, the IRS still requires a physical address. Sometimes, clients list a home address even if it is temporary. The IRS also gives an option of adding a separate mailing address, such as a P.O. Box, if necessary.
So, When CAN You Use the Harvard Business Services Address?
In addition to places where the Registered Agent address is requested, there are some situations where our address can be used.
Although we cannot provide a physical location for your company, we can provide a mail forwarding address. Once you have set up your business entity, you have the option of signing up for our mail forwarding service. With this service, we will receive, scan and email letter mail to our clients in a timely manner.
A Registered Agent address cannot serve as a substitute for the physical location of your business, but it does allow you to use your company name along with our street address in order for us to receive your mail (at our address) and resend specific pieces to the address of your choice.
We offer both domestic and international mail forwarding services, as well as a virtual office service.
You may ask, isn’t this already included in the Registered Agent service? While we do forward government notices and correspondence from the Delaware Division of Corporations to our clients, some clients prefer to have other letter mail, such as bank mail or notices from their customers, sent to our address instead of their own.
If you have any questions about the business address for your LLC, or if you are interested in our mail forwarding or virtual office service, I will be happy to assist. Feel free to contact me via email at justin@delawareinc.com or I can be reached directly at 1-800-345-2677 or 1-302-645-7400 ext. 6144.
*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.
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There are 8 comments left for Where Is My Business Located?
Tercio Lemos said: Friday, April 12, 2019My company is in Brazil and I want to sell product in USA from UPS eFullfillment service. Do I have to have a physical address in USA? Can I go through EIN form and fill it my Brazil's address?
HBS Staff replied: Monday, April 15, 2019Hi Tercio, you do not need a US address to obtain an EIN. You can learn more about this process here: https://www.delawareinc.com/ourservices/obtain-tax-id-or-ein-for-delaware-company/
Chet Sorithya said: Saturday, April 6, 2019How I can get company's physical address for my website? I already bought LLC and EIN from your website, I need mail forward and business phone number, and business address also, thanks for your servie
HBS Staff replied: Wednesday, April 10, 2019Chet, it sounds like you might be interested in our Virtual Office service. Please get in touch via phone, email, or live chat if you have questions or would like to sign up.
Alain Bwabrey said: Wednesday, April 3, 2019I wanted to ask this question: Can a Delaware LLP or LLC be a Non For Profit organization? If yes can you tell what is necessary for a foreign incorporation from a California LLC to a Delaware LLP? Thank you very much
HBS Staff replied: Wednesday, April 3, 2019Hi Alain, great questions. LLCs can elect non-profit status, but unfortunately this not a service that we offer or can advise on. We would be happy to help you set up a Delaware LLC, LLP, or non-profit corporation if you determine one of those is your best option.
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