How to resign as the registered agent in Delaware

Delaware Department of State registered agent resignation form and filing instructions

How to resign as registered agent in Delaware:

Delaware Department of State had previously offered agent resignation forms if requested; however, now they prefer you draft your own certificate of resignation from the statute. Delaware has two types of registered agent resignations, depending on whether a replacement registered agent is being appointed or not. Delaware Code states that to resign and appoint a successor registered agent at the same time, you submit to the Secretary of State a certificate stating the name and address of the successor agent. It must also state that the entity has approved and ratified the agent substitution.

However, it appears to be simpler and cheaper to use the Certificate of Registered Agent Change forms that are available for on their website.

To resign as registered agent in Delaware without appointment of a successor agent, you submit to the Department of State a certificate of resignation with the names and addresses of all represented entities that the agent is resigning from. The certificate must also state that the resigning registered agent delivered written notice to all affected companies notifying them that the certificate of resignation will be filed in 30 days from the date of the notice.  You should also include a Filing Cover Memo with your name, address and telephone/fax number to enable them to contact you if necessary. Include the appropriate filing fee.

Do you have to notify the Delaware entity you’re serving as registered agent for before you resign or after?

The resignation certificate must contain a statement that written notice of resignation was given to the business at least 30 days before the filing of the certificate by delivering the notice to the business at its last known address and must state the date of mailing.

Is there a fee to resign as the Delaware registered agent for a corporation, LLC, or other business entity?

The fee required in Delaware to resign as registered agent is $2 per affected entity.
If a successor is being appointed with the resignation, the fee is $99.00.   

How long will it take the state to process the Delaware resignation of registered agent filing?

Normal processing is approximately two to three weeks.
You will receive a confirmation copy of your filing by the return service you indicate on your filing cover memo.

How long do you still have to serve as the registered agent after the filing? How long will you have to legally accept service of process after you’ve resigned as agent?

Delaware Code states that a statement of resignation takes effect thirty days after it is filed or upon the appointment of a new registered agent.

What Delaware agency do you have to resign with?

Delaware Department of State
Division of Corporations
John G. Townsend Building
401 Federal Street - Suite 4,
Dover, DE 19901
Phone: (302)739-3073
Fax: (302)739-3812
Email: corp@delaware.gov
Website: