Delaware lesson 2 of 6
Appoint your Delaware registered agent
Every Delaware LLC must maintain a registered agent and registered office in the state under 6 Del. C. s. 18-104, and this is required whether or not the LLC ever does business in Delaware.
What the statute requires
The registered office need not be a place of business for the LLC itself, but the registered agent must maintain a business office in Delaware generally open during business hours to accept service of process and other official communications on the LLC's behalf.
Why almost nobody self-serves
Because the overwhelming majority of Delaware LLCs are formed by owners who live and operate elsewhere, a Delaware individual willing to serve as agent is rarely available. In practice, nearly every Delaware LLC uses a commercial registered agent company, which also typically handles the mail forwarding and franchise tax reminders that come with the role.
Losing a registered agent, for example if the agent resigns or the company stops paying its agent's fee, can put the LLC out of good standing with the state.
Key takeaways
- A Delaware business office for the agent is required by statute, not optional.
- Most owners are not Delaware residents, so a commercial registered agent is the practical route.
- Keep the agent relationship active to avoid falling out of good standing.
Official sources
Or let us file your Delaware LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Certificate of Formation, act as your registered agent, and track your ongoing deadlines.
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team