Delaware registered agent

Legal requirement and purpose: Delaware law requires every entity (corporations, LLCs, certain partnerships, trusts) to appoint and continuously maintain a registered agent and a registered office in the State of Delaware.

The registered agent provides an official in-state point-of-contact for service of process and state communications.

Who can serve as registered agent

An individual resident of Delaware or many types of business entities (domestic or foreign entities authorized in DE) may serve. Entities may act as agents but must meet the state’s qualifications to be listed. A P.O. Box is not acceptable; a physical street address in Delaware is required.

Minimum agent duties and availability

The registered agent must be available at the Delaware address during normal business hours to accept service of process and state correspondence, maintain contact records for the entity, and forward legal notices, franchise tax and other official correspondence to the entity.

Commercial/Listed agent additional requirements

A registered agent that serves more than 50 entities is classified as a commercial/Listed Agent and must meet additional qualifications (e.g., maintain a Delaware business license, maintain a principal residence/place of business or business office in DE, be generally present during normal business hours, and file/maintain registration statements and supporting information with the Division of Corporations). The Division may require periodic updates and notarized registration statements for listed agents.

Changing or appointing a registered agent

The registered agent is designated when filing the entity’s formation/incorporation documents. Changes in agent require filing a Certificate of Change of Agent (or equivalent) with the Delaware Division of Corporations; the Division accepts filings by mail, in person, fax, or online via its business services portal.

Consequences of not maintaining an agent

Failure to appoint or maintain a registered agent can result in loss of good standing, administrative forfeiture or inability to access Delaware courts, missed service of process (risking default judgments), and interruptions to legal and tax notices.

Practical guidance and best practices for business owners

Use a reliable professional Delaware registered agent service if you do not have a Delaware physical address or cannot be present during business hours. Ensure the agent: provides timely forwarding of service and notices, maintains up-to-date client contact information, signs a written consent to serve, performs required identity/OFAC checks per Delaware agency regulations (especially for commercial agents), and offers secure delivery/notification methods and compliance reminders (e.g., franchise tax deadlines). Maintain your own records and confirm the state files reflect the agent change.

Corporate Transparency Act (BOI) and agent role (practical note)

Registered agents commonly assist clients by forwarding notices and sometimes advising on BOI/Corporate Transparency Act (CTA) requirements, but the legal responsibility to file BOI reports with FinCEN rests with the reporting company/beneficial owners. Verify any CTA/BOI assistance in writing with the agent.Conclusion: The Delaware registered agent is a mandatory, in-state physical contact who accepts service of process and state correspondence; businesses should appoint and maintain a compliant agent (and follow Division of Corporations procedures when appointing or changing an agent). For most out-of-state founders, hiring a professional Delaware registered agent service is the practical, low-risk choice.