Can You Act as Your Own Registered Agent?

can you act as your own Delaware registered agent?

If you are not a Delaware resident and you do not have a physical address to use in the state of Delaware, you cannot act as your own registered agent.

That said, if you are a Delaware resident and wish to use your Delaware address, you are legally allowed to act as your own registered agent if you are forming a Delaware entity. 

Need to take a step back? Check out our full post - What is a Registered Agent?

However, there are several reasons why many Delaware residents with Delaware entities choose not to act as their own registered agent.

You'll have to notify the state of Delaware if you move. Changing the address of your registered agent (in this case, you) requires you to file an amendment with the Secretary of State. You may find the required forms and instructions for filing an amendment from the Delaware Division of Corporations here

There is a fee associated with filing an amendment and the process may be time consuming if you are unfamiliar with what is required. 

Your address will be public. Unless you have a brick and mortar location, you'll probably use your home address. The Delaware Division of Corporations maintains an online accessible database of all Delaware entities and the address of their registered agent. You may search Delaware entities by name or file number here. 

As you can see when you conduct a search, the name and location of the Delaware registered agent appears. If this is your home address, you'll have to be comfortable with making that information public.

You are required to be available to accept service of process during regular business hours. Registered agents are required to maintain regular business hours. If you plan on working non-traditional hours or your entity is your side gig, being your own registered agent may not be for you.

You could miss important notices from the Secretary of State. Your Delaware registered agent is required to do two things:

1. Accept and forward Annual Report Tax Notices and any other official documentation from the Secretary of State to the entity contact.
2. Accept and forward Service of Process. Under Delaware law, a Registered Agent must be generally available during normal business hours to accept Service of Process.

That said, many registered agents provide additional services to their clients. The Incorporators Ltd. sends a courtesy email reminder to all entities that have an annual report and/or franchise tax due well before the due date. We offer a tax filing service at our website, which enables clients to easily maintain their entity information for quick, efficient filing. If you use our entity filing service, you will always have copies of your reports and payment history available online.

Additionally, The Incorporators Ltd. is a Commercial Registered Agent, with contracted direct access to the Delaware Corporate Information System (DCIS). We are a full-service filing company, making filing, research and retrieval services fast and affordable. DCIS access also permits us to retrieve legal filings, issue State Certificates and provide UCC search, filing and retrieval services in Delaware.

If you have any further questions about Delaware registered agent services, feel free to contact us or fill out this form to use us as your Delaware registered agent