What is an agent for service of process?
Takeaway: A registered agent is your company’s official point of contact for legal and tax notices; hiring a professional service is required and inexpensive, and it helps maintain your corporate good standing.
When you incorporate in Delaware, you must designate an agent for service of process—commonly called a “registered agent.” This role is straightforward but essential: the registered agent is your company’s official, physical point of contact in its state of incorporation for receiving important legal and governmental documents.
Think of the registered agent as your company’s legal mailbox. If your company is physically located in another state—or even another country—Delaware law still requires you to have a local representative who can reliably receive and forward these notices.
Core Responsibilities of a Registered Agent
Accepting Service of Process: The agent’s primary job is to receive official court documents (such as a summons and complaint) that notify your company of a lawsuit.
Receiving State Correspondence: The agent also receives official communications from the Delaware Secretary of State, such as franchise tax notices and compliance reminders.
Forwarding Documents: Once received, the agent promptly forwards these materials to your company’s designated contact—typically the CEO or legal counsel.
Why Use a Professional Service
Although any Delaware resident can serve as your registered agent, startups should always use a commercial service. Reputable providers include IncServ and Corporation Service Company (CSC).
Reasons to use a professional agent:
Reliability: A missed lawsuit notice could lead to a default judgment against your company.
Privacy: The agent’s address is public; using a service keeps your home or office address off the record.
Continuity: If you relocate, your agent’s address remains constant.
Your law firm will typically arrange this as part of incorporation. The cost—usually a few hundred dollars per year—is minimal compared to the risk of missing a critical legal or tax notice.
Disclaimer: This post is for general informational purposes only and does not constitute legal, tax, or financial advice. Reading or relying on this content does not create an attorney–client relationship. Every startup’s situation is unique, and you should consult qualified legal or tax professionals before making decisions that may affect your business.