So your registered agent resigned. Now what? It's never good news to find out that your corporation or LLC may not be in in good standing with the state of Delaware.
Today we'll walk you through what to do if you find out that your registered agent has resigned and how to ensure your corporation or LLC is in good standing.
Why Did Your Registered Agent Resign?
If your registered agent resigns the mostly likely cause is that you did not pay your annual registered agent fee. Every Delaware registered agent charges an annual fee, with those fees ranging in cost. The Incorporators Ltd. charges $99 per year for registered agent services but some companies charge upwards of $300.
If you do not recall receiving any invoices or notices from your registered agent, follow up with them to make sure they have your correct contact information. It is possible your invoices were going to the wrong address, which means that you may have also missed tax notices or even service of process forwarding. You may still have to file a renewal or revival (more on that below) and pay any outstanding annual fees to your registered agent.
Keeping your contact information up to date with your registered agent is of vital importance. Your Delaware registered agent is responsible for sending you the annual franchise tax notice and annual report notice (corporations only) from the state of Delaware. You can learn more about what registered agents do here. If you have not been receiving those and have not paid your franchise taxes, you may also owe taxes to the state of Delaware.
What Happens If Your Registered Agent Resigns
If your registered agent resigns, you must obtain and designate a new Delaware registered agent within 30 days. If you do not, your corporation or LLC will have the charter forfeited by the state of Delaware.
Once your corporation or LLC is forfeited, the process of getting back in good standing is more involved.
First, you must obtain and designate a Delaware registered agent. You must also file a renewal or revival with the state of Delaware. This is an additional cost. You may have outstanding taxes and reports due to the state of Delaware.
How to Determine the Current Status of Your Corporation or LLC
If you are unsure about the status of your corporation or LLC, you can look up your entity on the Delaware Division of Corporations website here for a fee.
Alternatively, The Incorporators Ltd. can help you with this. Email us at firstname.lastname@example.org and we can confirm the status.
How to Get a New Delaware Registered Agent
Obtaining a new Delaware registered agent is a fairly easy process.
If you have any questions about our registered agent services, feel free to contact us or give us a call at 800-223-3928.