How To Resign As A Registered Agent In Delaware

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

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