Who Should You Appoint for Your Registered Agent in Delaware
If you’re planning to file for your Certificate of Formation in the state of Delaware, you’ll need to hire a registered agent. If you didn’t already know, registered agents are the persons who collect all legal mail for your LLC. This applies to cases where you’re being sued and needing someone available to receive the summons.
In essence, the registered agent is the main contact point between you and the state. They’ll receive tax notices, various payment reminders, and tons of other legal documents. However, before you can appoint a registered agent for your LLC, they must have a physical street address. Within the state, PO Boxes are not allowed and you should refrain from even attempting to do so.
Additionally, your LLCs registered agent should always be available during the hours of 9 am to 5 pm so that they’ll be able to collect your Service of Process. A Service of Process is an official document that entails the details of complaints, summons, or even subpoenas. So, you’ll need to ensure that your registered agent is capable of being a proper agent for your LLC.
In other words, both the legal system and the court function in harmony when you have a registered agent in the state of Delaware. If ever you’re in the process of getting sued, your registered agent will be able to provide legal proof that you’re being served. As the process server delivers the legal documents, your registered agent will be able to ensure that proof is provided to the plaintiff. A Proof of Service is given and the plaintiff can take it back to court to ensure that the court knows that proceedings can take place in due time.
Will I Be Able To Act As My Own Agent?
Within the state of Delaware, you’ll be able to be your own registered agent. However, you’ll still need to meet the requirements before you can act as the agent for your LLC. With that said, there are still four prominent options that are available if you’re looking for an agent:
* You can be the agent for the LLC
* The LLC can be its own agent
* A family member or trusted friend can be your agent
* If all else fails, you can easily hire a registered agent service
What Is The Best Option For Me?
If you have a legally registered address anywhere in Delaware, you or the LLC can act as the registered agent. However, you must be available during business hours. In the instance where you don’t have an address, you can easily use your friend’s or family members’ address as long as they can make themselves available during business hours.
If for some reason you don’t have the address and your friends and family don’t either, then you’ll need to hire an agent. There are several companies that act as the hub for this and they’re easy to find within the state of Delaware.
Registered Agent Services In Delaware
Before we continue, it should be noted that both the commercial registered agent and the registered agent services all mean the same thing. Registered agent services are specially designed companies that receive the Service of Process and other legal mail for your LLC. Most of these entities charge anywhere between $100 and $300 each year for their services. So, if you decide to hire them, then they will receive all of your legal mail.
Upon receiving they will forward it to you or they’ll upload it via your online portal. They even send you reminders for compliance as it applies to your LLC. However, all of this is in accordance with the Department of State.
How Can I Keep My Address Off Public Records?
Within the state of Delaware, most businesses tend to start from a person’s home. Due to this, all of your legal documents will have the address that you’re conducting business from. Hence the address on your Certificate of Formation will be listed on public domains.
In essence, it will even be available for searches on Google. So, if you’re planning to use your home address and you want to remain private, you can easily hire a registered agent. Your agent will allow you to use their address instead of on your Certificate of Formation so that your personal one will stay off of public domains.
If you choose Northwest Registered Agent, this service will be accessible without any additional costs. They offer these services and more for a small fee of $125 per year. When you hire Northwest Registered Agent, you’ll be able to use their address on your certificate. Any mail sent to them on your behalf will be scanned and uploaded to your account with them.
What Are The Risks Of Being Your Own Agent?
As stated before, you can be your own agent and your friends or family members can also be the agent for your company. However, there are some risks involved with this. In the case where they would like their address to remain private, you’ll need an agent. Additionally, you could also run the risk of losing your liability protection.
If you didn’t already know, the state has the power to shut down any corporation that they see fit. When this occurs, it usually does on the account of things being on the last straw. This just simply means that if you don’t maintain an agent on file or the State Department is always unsuccessful in contacting you, then they can easily shut down the LLC.
if for some reason, process servers cannot reach your LLC, the court has the right to carry on with proceedings even though you’re absent. The following are some of the common reasons why process serves might not reach your LLC:
* The agent your elect, whether it’s a friend or family member is not available during regular office hours
* They or even you are on vacation in another state or country
* Either they or you moved and didn’t remember or know that you were supposed to file the Change of Registered Agent with the state to inform them of this
When you use a regular commercially registered agent, things are more reliable for your LLC. It even allows you some well deserved time so that you can take vacations whenever you want without having to worry about the complications involved. A registered agent in Delaware will also ensure that your home address is kept off of all public records.