You might need to switch your registered agent as a Delaware LLC owner for a number of reasons. These might be things like the present agent quitting, the agent moving, or providing subpar services. The good news is that, provided certain conditions are met, Delaware law permits changing the registered agent.
Choosing a new agent is the first step in revising the registered agent for your Delaware LLC. The new agent must be a Delaware resident or a Delaware-based company that is legally permitted to operate there. Additionally, the new agent must consent to accepting the position and complete all necessary paperwork.
You must submit a Certificate of Change of Registered Agent and/or Registered Office to the Delaware Division of Corporations as soon as you have a new agent. The certificate must be signed by a representative of the company and include the company name, the name and address of the new registered agent, as well as a declaration that the new agent has agreed to the appointment. $50 is the filing fee.
It is crucial to understand that switching your Delaware LLC’s registered agent does not preclude you from paying the yearly franchise tax. Whether active or dormant, Delaware LLCs must pay the annual franchise tax. Taxes must be paid on or before June 1st of each year and are based on the authorized shares of the LLC. Failure to pay the franchise tax may incur fines or possibly result in the dissolution of your LLC.
You can file a Certificate of Cancellation with the Delaware Division of Corporations if you no longer want to run your Delaware LLC. The certificate must be signed by a representative, include the company’s name, the cancellation date, and a declaration that all debts and obligations have been settled or are otherwise sufficiently accounted for. There is a $200 filing fee.
To sum up, changing your Delaware LLC’s registered agent is a simple procedure that requires appointing a new agent and filing a Certificate of Change of Registered Agent and/or Registered Office with the Delaware Division of Corporations. It’s important to keep in mind that the modification does not excuse your LLC from paying the yearly franchise tax. An LLC dissolution certificate can be filed if you want to do so.