Why Delaware requires a resident agent
Your Delaware corporation's resident agent can be the corporation itself, a Delaware resident, a domestic entity, or a foreign entity with authority to transact business in Delaware, as under the LLC Act (6 Del. C. § 18-104(a)(2)). An individual agent must be present, or an entity agent must keep an office open, at the registered office often enough to accept service; a virtual office or mail-forwarding service is not enough (§ 132(b)(2)). An agent for more than 50 entities is a commercial resident agent and needs a Delaware business license and normal-business-hours presence (§ 132(c)). 8 Del. C. § 132(a), (b); accord 6 Del. C. § 18-104(a) (LLCs)
What happens if you lapse
- If your resident agent resigns and no successor is named, a domestic corporation has 30 days from the filing of the certificate of resignation to designate a new agent, or the Secretary of State declares its charter forfeited, and the same 30-day forfeiture follows if the Court of Chancery enjoins the agent (§ 132(f)(4)). 8 Del. C. § 136(b); see § 132(f)(4)
- A foreign corporation that has not named a new resident agent within that same 30-day period after its agent resigns loses its qualification and authority to do business in Delaware. 8 Del. C. § 136(b); see § 132(f)(4)
- An LLC whose agent resigns by certificate without naming a successor has 30 days to designate a new resident agent, or its certificate of formation is canceled, and a foreign LLC in that position loses permission to do business and has its registration canceled (§ 18-104(i)(4)). 6 Del. C. § 18-104(d); see § 18-104(i)(4)
- Because your resident agent is the one who forwards the annual report (§ 132(b)(1)d.), note that a complete annual franchise tax report not filed by March 1 draws a $200 penalty collected with the franchise tax, a year of nonpayment or nonfiling voids the charter (§ 510), and certificates of good standing are then unavailable (§ 502(f)). 8 Del. C. § 502(c); see §§ 510, 502(f)
Switching to us
We prepare and file the change of resident agent for you. Delaware charges $50 for an LLC 6 Del. C. 18-1105(a)(11) and $50 for a corporation Division of Corporations Fee Schedule rev. Aug. 1, 2026, Corporations....
Official Delaware links
- Delaware Secretary of State - (302) 739-3073 & press 3
- Business entity search
- Statutes
- Forms
- Annual report filing
Frequently asked
Do I need a resident agent in Delaware?
Almost every state does, and the Delaware rule is set out above with its citation. Where the law leaves a choice, a resident agent is still the practical way to make sure service of process reaches you.
How much does Delaware resident agent service cost?
$129 a year, with no setup fee, the same price in all 50 states plus DC, Puerto Rico and the U.S. Virgin Islands. Service of process is received and scanned the same business day.
Can I switch my Delaware resident agent to ResidentAgents.com?
Yes. Order online and we prepare the change of agent filing for you; the state's filing fee is shown on this page.
Source: incFACTS, Delaware (statutes and fees as retrieved 2026-08-04). The facts on this page are restated in our own words with the citations kept, under the incFACTS cite guide.
Resident agent service near Delaware
Every state and territory
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- U.S. Virgin Islands
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming