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How To Resign As A Registered Agent In Delaware

To resign as a registered agent in Delaware, the procedure depends on whether you are appointing a successor registered agent at the time of your resignation or not. Whether or not you are appointing another registered agent to take your place, you must first notify the affected companies that you will no longer serve as their registered agent.

Then, submit a Certificate of Resignation of Registered Agent to the Delaware Secretary of State and make sure to provide the name and address of the new registered agent if appointing a successor.

There is no official form to resign as a Delaware registered agent. Include payment for processing and a cover sheet with your name, address, email/fax and phone number. The fee for resignation of a Delaware registered agent with appointment of a successor is $99 and the fee without appointment of a successor agent is $2. Regular processing takes 10-15 business days but may be expedited.

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The Steps To Resign As A Delaware Registered Agent:

To resign, the Delaware registered agent must first decide if they are going to appoint a successor registered agent to take their place or not.

If the Delaware registered agent is appointing a successor the steps are as follows:

  1. The resigning registered agent must contact the Delaware registered agent they would like to appoint as successor to verify that they agree to act on behalf of the entity.
  2. The resigning agent must then file a certificate of resignation with the Secretary of State providing the name and address of the successor agent.
  3. Attach a statement from each company from which the agent is resigning that ratifies and approves the change of registered agent.
  4. Include a cover letter with your name, address, email/fax and telephone number.
  5. Include $99 for regular processing with the filing.
  6. The Secretary of State will issue a certificate that the successor registered agent has become the new registered agent.

The Delaware registered agent resignation with appointment of successor becomes effective upon filing with the Secretary of State.

 

If the Delaware registered agent is not appointing a successor the steps are as follows:

  1. Thirty days before filing the certificate of resignation with the Delaware Secretary of State, the registered agent must deliver written notice of resignation by mail or in-person to each company they are resigning from at the address last known to the agent.
  2. The agent must then file a certificate of resignation with the Secretary of State.
  3. Include a statement that written notice of resignation was given to each affected corporation or LLC at least thirty days before filing the certificate of resignation with the State of Delaware.
  4. Include a cover letter with your name, address, email/fax and telephone number.
  5. Include $2 for regular processing with the filing.
  6. After the corporation or LLC receives notice that their registered agent is resigning, the company must designate a new registered agent.

The Delaware registered agent resignation without appointment of successor is effective thirty days after it is filed with the Secretary of State.

If the entity is not dissolving you’ll also need to change your Delaware registered agent to appoint your new agent. Need a new agent? Check out our registered agent service.

Items To Include On The Delaware Resignation Of Registered Agent

The following items must be provided in the Delaware registered agent’s statement of resignation if appointing a successor:

  1. A cover letter stating the name, address, email/fax and telephone number of the person submitting the document (i.e. the Delaware registered agent who is resigning)
  2. A statement that the agent resigns
  3. The name and address of the successor agent
  4. A statement from each company from which the registered agent is resigning ratifying and approving the change of registered agent
  5. Date
  6. Signature of resigning agent

 

The following items must be provided in the Delaware registered agent’s statement of resignation if not appointing a successor:

  1. A cover letter stating the name, address, email/fax and telephone number of the person submitting the document (i.e. the Delaware registered agent who is resigning)
  2. A statement that the agent resigns
  3. A statement that written notice has been given to the affected companies at least thirty days before the resignation was filed with the Delaware Secretary of State
  4. Date
  5. Signature of resigning agent

Delaware Registered Agent Resignation FAQ

Must The Registered Agent Notify The Company Before Filing Resignation With Delaware?

Yes. If the Delaware registered agent is appointing a successor in tandem with their resignation, there is no official time period before which they need to notify the companies they are resigning from, but their statement of resignation must have an attachment from each affected corporation or LLC ratifying and approving the change of registered agent. If the Delaware registered agent is not appointing a successor, then they must provide written notice of their resignation to the companies from which they are resigning thirty days or less before they file their certificate of resignation with the Secretary of State.

Is There A Fee To Resign As A Delaware Registered Agent?

Yes. The fee for a Delaware registered agent to resign with appointment of a successor agent is $99. The fee to resign without appointment of a successor agent is $2. The Secretary of State accepts checks and credit cards (VISA, MasterCard, Discover, American Express). Make checks payable to “Delaware Secretary of State”.

Can The Delaware Registered Agent File Their Resignation Online?

No. There is no option to file the Delaware registered agent’s resignation online.

How Long Does It Take The State To Process A Registered Agent Resignation In Delaware?

Standard processing time for the resignation of a Delaware registered agent is 10-15 business days. During March, June and December regular processing times may be extended to 3-4 weeks due to increased document volume at the Delaware Secretary of State. All orders are returned by routine US Postal Service unless an account number is provided on the request for return by Federal Express or UPS.

Expedited processing is available for additional fees as follows:

Next-day (the filing must be received by 7:00pm EST): $100

Same-day (the filing must be received by 2:00pm EST): $200

Priority two-hour (the filing must be received by 7:00pm EST): $500

Priority one-hour (the filing must be received by 9pm EST): $1,000

When Does A Registered Agent’s Resignation Become Effective In Delaware?

The effective date of a Delaware registered agent’s resignation depends on whether the registered agent appoints a successor on their certificate of resignation or not. If the registered agent appoints a successor in their resignation, then their resignation is effective upon filing with the Delaware Secretary of State. If no successor is appointed, the agent’s resignation becomes effective thirty days after filing with the state.

What If The Delaware Registered Agent Resigns While The Company Is Still Active?

Corporations and LLCs are required by Delaware state law to maintain a registered agent during the life of the company. If a Delaware company fails to designate a new registered agent within thirty days after their previous registered agent resigns, the Secretary of State will declare the charter of the corporation forfeited and the company could fall out of Good Standing status. To avoid forfeiture of its charter, the company must file a Certificate of Change of Registered Agent or a Certificate of Amendment with the Delaware Secretary of State. Make sure to use the appropriate form for each certificate depending on entity type.

What’s The Simplest Way To Resign As A Registered Agent In Delaware?

Start a FREE Northwest Registered Agent Account to access the forms or hire us to complete it for you. At Northwest Registered Agent, we offer a variety of services to lighten the load on your business and all filings are processed the same day you order.

Which Delaware Agency Does The Registered Agent Send Their Resignation To?

Submit the Delaware registered agent’s resignation with cover sheet and payment by mail, fax or in-person to:

Delaware Secretary of State
Division of Corporations
John G. Townsend Building
401 Federal St., Suite 4
Dover, DE 19901

Fax: 302-739-3812

For inquiries call:
302-739-3073

DELAWARE DIVISION OF CORPORATIONS WEBSITE

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