File a Change of Agent Form
Filing a Change of Agent form with the Delaware Department of State is the best way to change your registered agent.
This can be done online or by mail.
Recommended: Submit a Change of Agent Form Online
You can complete and submit a Change of Agent form online via the Delaware Division of Corporations’ Document Filing and Certificate Request website. There are different forms for different business structures:
- Limited Liability Company (LLC)
- Limited Partnership (LP)
- Limited Liability Partnership (LLP)
- Statutory Trust
- Foreign Corporation
- Foreign LLC
- Foreign LP
- Foreign LLP
The steps for the filing process include:
- Complete the appropriate Change of Agent form and save
- Navigate to the online filing web page and fill out the required fields
- Upload your completed Change of Agent form and submit
Submit the Change of Agent Form by Mail
To submit a Change of Agent form by mail, first, download the form from the Delaware Division of Corporations website and then fill it out. There are different forms for different business structure types.
Complete the form and mail it, along with the payment, to:
Delaware Division of Corporations
401 Federal St. - Suite 4
Dover, DE 19901
Forms submitted by mail must include a cover sheet.
Fee: $5 for nonprofits, $500 for statutory trusts, and $50 for all other entities
You can pay this fee by check or credit card (online filing only). For full instructions, read the change form.
Expedite Your Order
If you need the Delaware Department of State to expedite your form, you must select this option when filing online. There are several options and fees, which are listed on the Division of Corporations Fee Schedule.
Why Change Registered Agents?
A company might want to change its registered agent for several reasons, such as:
- Changing From an Individual Agent to a Registered Agent Service: While individuals may act as registered agents (including a company’s own executives or employees), they’ll be publicly listed in the state’s database. Some people may consider this an intrusion into their privacy. Registered agents also must be available in their office between 8 a.m. and 5 p.m. from Monday to Friday, which could be an inconvenience. Changing to a registered agent service solves these issues.
- Expanding Business Into New States: Limited liability companies (LLCs), corporations, and other formal business structures must have a registered agent for each state in which they do business. Not all registered agents have the capability to serve as a registered agent in every state. Some businesses prefer to have the same registered agent for each state rather than several different ones.
- Customer Satisfaction: Whether it’s about price, customer service, or the quality of the work, some changes happen simply because a business isn’t happy with its current registered agent.
Frequently Asked Questions
Who can be a registered agent in Delaware?
A company or person over the age of 18 located in Delaware can serve as a registered agent, including individuals in your company. The only exception to this is that a company can’t serve as a registered agent for itself.
Can anyone be a registered agent?
Anyone can be a registered agent as long as they: are at least 18 years old, have a physical address in Delaware, and are always available during regular business hours at that address.
Can I be my own registered agent in Delaware?
Yes, you can be your own registered agent in Delaware if you:
- Are 18 years or older
- Have a physical address in Delaware
- Are always available during normal business hours to receive service of process in person
Note that this applies to you as an individual serving as the registered agent for the company. A company can’t serve as its own registered agent.
What does a registered agent do?
Registered agents help keep your business compliant by maintaining up-to-date paperwork. They also are in charge of accepting official correspondence on behalf of your business, such as paperwork from the state and federal government, tax forms, and legal notices.
How much does it cost to change my registered agent in Delaware?
It costs $5 for nonprofits, $500 for statutory trusts, and $50 for all other entities to change their Delaware registered agent when filing a Change of Agent form with the Department of State.
How much does a Delaware registered agent cost?
A professional registered agent service typically costs between $50 and $300 per year. If you choose to serve as your own registered agent, there is no cost.
What form do you file to change a registered agent in Delaware?
You can change a Delaware registered agent by filing a Change of Agent form with the Department of State.
Should I be my own registered agent?
You may serve as your own registered agent if you meet certain conditions. Some small business owners choose to do this instead of hiring a third party or appointing someone else.
But, because this position comes with extra responsibilities and potential inconveniences, many business owners decide it’s better for them to appoint another person or a professional service to act as their registered agent. You should weigh the pros and cons of each option and decide which is best for you and your business.