Delaware corporate law requires that corporations have both a registered office and a registered agent within the state. The registered agent and office address must be listed in the corporation’s certificate of incorporation, and this information is public. The registered agent is expected to be available during regular business hours to accept service of process and other communications for the corporation.
If the corporation is required to register to do business or pay taxes in other states, those states may also require the corporation to appoint an agent who resides in that state to accept service of process on behalf of the corporation.
Several reputable companies offer registered agent services, typically for an annual fee, across many jurisdictions. Most startups hire one of these companies as their registered agent and registered office in Delaware because the startup may not otherwise have an office or personnel in Delaware.
Startups may also find it convenient to appoint the same company as a registered agent in their headquarters state and other states where they operate. This approach not only protects the privacy of the startup’s employees, who may not want to act as individual registered agents because their information becomes public, but also eliminates the need to update registered agent or office information with the state due to staff changes or office relocations. Moreover, it generally frees the startup from the responsibilities of setting up and maintaining offices and ensuring an agent’s availability in multiple locations.