Delaware Registered Agent Requirements for Corporations
Every corporation formed in Delaware must have a registered agent with a physical Delaware address. Learn the rules, who qualifies, and how to appoint or change one.
Bizee Editorial Staff
Editorial Team
Delaware registered agent requirements at a glance
Filing fee: $89 (domestic corporation Certificate of Incorporation)
Processing time: [PROCESSING_TIME]
State agency: Delaware Division of Corporations
Annual report due: March 1 each year
State tax rate: No state income tax on corporations not operating in Delaware; $50 minimum franchise tax
Delaware registered agent requirements
Every corporation formed or registered in Delaware — domestic or foreign — must appoint and continuously maintain a registered agent with a physical street address in the state. The registered agent receives legal documents, lawsuits, and official notices from the Delaware Division of Corporations on behalf of your business.
What is a registered agent in Delaware?
A registered agent is the person or business your corporation designates to receive service of process — meaning lawsuits, subpoenas, and other legal documents — plus official correspondence from the Delaware Division of Corporations and the Secretary of State. Delaware law requires every corporation to have one at all times.
The registered agent's Delaware street address becomes your corporation's registered office — the address on file with the state where legal documents can be hand-delivered during normal business hours. A P.O. box does not satisfy this requirement.
Who can serve as a registered agent in Delaware?
Delaware gives you 3 options for who can fill the registered agent role, but all of them share the same core requirement: a physical Delaware street address that is staffed during normal business hours.
An individual Delaware resident who has a qualifying street address in the state and is available there during normal business hours
A business entity authorized to transact business in Delaware that provides registered agent services and maintains a physical Delaware office
Your own corporation, if it has a physical office in Delaware and can be reached there during business hours
Most corporations formed in Delaware — especially those without a physical Delaware office — use a professional registered agent service. Delaware is the most popular state for incorporation in the U.S., and the registered agent industry here is well-established. Most founders outside Delaware find it far easier to hire a professional than to maintain a qualifying address themselves.
What a Delaware registered agent must do
Delaware's requirements for registered agents go beyond simply having an address on file. The agent must actively fulfill several ongoing obligations to keep your corporation in good standing.
Maintain a physical street address in Delaware — not a P.O. box or mail-forwarding service
Be present and available at that address during normal business hours to accept hand-delivered legal documents
Accept service of process — lawsuits, subpoenas, and other legal notices — on behalf of your corporation
Receive and forward official correspondence from the Delaware Division of Corporations and Secretary of State
Verify the identity of any new customer seeking to form a Delaware entity and screen against OFAC sanctions lists, as required under Delaware's KYC rules effective January 1, 2019
The KYC requirement is one detail that catches people off guard. Since 2019, Delaware registered agents must screen clients against the U.S. Treasury's Office of Foreign Assets Control (OFAC) sanctions lists — both at onboarding and at least quarterly for existing clients.
How to appoint a registered agent for your Delaware corporation
You appoint your registered agent when you file your Certificate of Incorporation with the Delaware Division of Corporations. The agent's name and Delaware street address must appear in the filing — you can't form a Delaware corporation without naming one.
If you're using a professional registered agent service, they'll provide their Delaware address for your Certificate of Incorporation. The state filing fee for a domestic corporation is $89. Processing times vary — check the Delaware Division of Corporations for current turnaround.
How to change your registered agent in Delaware
You can change your registered agent in Delaware at any time by filing a Certificate of Change of Registered Agent with the Delaware Division of Corporations. The filing updates the registered office address on record with the state.
Your corporation must have a registered agent in place continuously — there's no gap period allowed. Appoint the new agent before or at the same time you terminate the old one. If your current agent resigns, they're required to notify you and the state, but your corporation is still responsible for appointing a replacement without delay.
What happens if your corporation doesn't have a registered agent
Not having a registered agent puts your corporation out of compliance with Delaware law. The state can void or revoke your corporation's good standing, which means you can lose the ability to do business, enter contracts, or defend yourself in court until the issue is resolved.
Plus, if a lawsuit is filed against your corporation and there's no registered agent to receive service of process, a court can enter a default judgment against you — meaning the other side wins without you ever getting notice. That's a real risk, not a theoretical one.
FAQ
Yes. Every corporation formed or registered in Delaware — domestic or foreign — must appoint and continuously maintain a registered agent with a physical street address in the state. This is a legal requirement under Delaware law, not optional.
You need to appoint a registered agent when you file your Certificate of Incorporation with the Delaware Division of Corporations. The agent's name and Delaware street address must be included in that filing. You can't complete formation without naming one.
Yes. Your registered agent must have a physical street address in Delaware — not a P.O. box and not a mail-forwarding service. That address becomes your corporation's registered office on file with the state. If you use a registered agent company, that company must also be authorized to transact business in Delaware.
Yes, but only if you're a Delaware resident with a qualifying physical street address in the state and you're available there during normal business hours. Most founders who incorporate in Delaware but don't live or work there use a professional registered agent service instead.
You can change your registered agent at any time by filing a Certificate of Change of Registered Agent with the Delaware Division of Corporations. Your corporation must have a registered agent in place continuously — appoint the new agent before or at the same time you end the relationship with the old one.
Yes. When you form your corporation through Bizee, your first year of registered agent service is included at no additional cost. After the first year, registered agent service renews at the standard annual rate. This covers your Delaware street address requirement, document forwarding, and compliance notifications.
Your corporation falls out of good standing with the state. Delaware can void or revoke your corporation's status, which means you can lose the ability to do business or defend yourself in court. If a lawsuit is filed while you have no registered agent, a court can enter a default judgment against your corporation without you ever receiving notice.
Yes. Since January 1, 2019, Delaware registered agents must verify the identity of any new customer seeking to form a Delaware entity and screen them against OFAC sanctions lists maintained by the U.S. Treasury. Agents must also re-screen existing clients at least quarterly.
