Are you currently serving as a Delaware registered agent, but no longer wish to fulfill this position?
The state of Delaware has a simple process for resigning as a registered agent, but you should be aware of the relevant rules and regulations before you attempt to do so. In this guide, we’ll tell you everything you need to know to resign as a registered agent in Delaware.
Rocket Tip: If you would prefer to have a professional service deal with the paperwork and take over registered agent duties, hire a Delaware registered agent service. It’s just a small annual fee.
How to Resign as a Registered Agent in Delaware
If you no longer wish to serve as a registered agent for a Delaware corporation, limited liability company (LLC), limited partnership, limited liability partnership, or business trust, there’s one simple document and a cover sheet you’ll need to fill out.
While there is no specific, official form to complete, registered agents wishing to resign in the state of Delaware must write a statement of resignation for a Certificate of Resignation of Registered Agent.
The statement of resignation should include:
- Your name
- A statement of resignation
- A statement confirming that written notice of resignation has been given to the affected business entity at least thirty days prior to resignation submission
- Name of the business entity you are resigning from
- The business structure of that entity
- Your mailing address
- Your signature
In addition, the Certificate of Resignation should be accompanied by a cover letter which includes your name, address, email and fax/phone number.
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
If you intend to appoint a successor, the fee is $90.00. For registered agents simply wishing to resign, the fee is $2.00 (as dictated by the Delaware Department of State’s Fee Schedule).
Thirty days before you file your request for resignation with the Delaware Secretary of state, you must deliver written notice of the resignation to the business entity to the company’s last known address.
Conclusion
The process for resigning as a registered agent for a Delaware business entity is quite simple, but it’s very important that you complete these steps accurately.
You certainly don’t want to make a mistake that leads to your resignation not being processed correctly, because registered agents are liable for failure to fulfill their responsibilities. We hope this article answered any questions you had about resigning as a registered agent in Delaware!