The Responsibilities Of A Delaware Registered Agent

2007-03-08 10:33:40

( Business )



A Delaware registered agent must be appointed if you decide to incorporate in Delaware. A Delaware registered agent may be a person or corporation whose main task is to serve process, receive any incoming mail and dispatches it to the corporation’s main office, which will most likely be located in another state. Serving process is the term used for any legal documents that are delivered/served against a Delaware corporation.

A Delaware registered agent may also be appointed in order for the corporation to maintain its anonymity towards its creditors. For convenience purposes, a Delaware registered agent also takes charge of notifying the proper authorities should a change of address with the corporation take place. The Delaware registered agent can take charge of filing for the amended documents, and pay the relevant fees to ensure that the corporation complies with the law.

If your corporation is located in Delaware, anyone employed by your corporation including its directors, shareholders and officers may be appointed as the registered agent as long as state requirements are met; however, it must be noted that the name and address of a registered agent becomes public information.

The name and contact details of a Delaware registered agent must be included in your articles of incorporation when you incorporate in Delaware.

A Delaware registered agent must be maintained by a corporation at all times. The registered agent may terminate its services with the corporation it works for by resigning. The resignation must be done by informing the local government authorities in writing with information on its successor including the new contact details (name and address) of the new registered agent. A filing fee will need to be paid to make the change in the government’s public records, and the local government authorities will in turn provide a certified copy of the notice with its seal and signature to acknowledge that the change has been effected.

The resignation of a Delaware registered agent may still be submitted along with the payment of fees even when no successor has been appointed; however, the registered agent’s resignation will only take effect a month after the certification of resignation has been received by the proper government authorities. This will provide the corporation ample time to appoint its successor before the time period. Failing to appoint a successor within this time frame will automatically cancel your certification of formation in the state of Delaware.


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