Using VirtualPostMail as your DELAWARE Registered Agent

A new law that has gone into effect in Delaware (Senate Bill 273, as of August 1, 2023) affects CORPORATIONS from using our Registered Agent service.

Due to this law, if your corporation is using your VPM mailbox address as your principal place of business, you will not be able to use our Registered Agent service. This is because the address of your business cannot be the same as your agent's.

The primary thing here is to make the two addresses different. Please refer to our Community Forum post for available solutions.

If you own or are thinking of establishing a DELAWARE corporation, limited liability company (LLC), or any state-level entity requiring a registered agent, then you can use VirtualPostMail (VPM) as your Registered Agent to receive and process legal mail for your business. This guide lists the steps to change your existing agent service to us.

Looking to form your Delaware LLC yourself? If so, check out our step-by-step video course on how to set up your own LLC, obtain an EIN, and open bank accounts for a low price.

Registered Agent Service Is FREE for Your Company

Registered Agent Service is offered free of charge to eligible plans. Costs to scan or forward your mail are based on those pricing plans — no extra monthly or annual fees!

Requirements

To use VPM as your registered agent:

You must have a Delaware VPM mailbox account in order to use us as your Delaware Registered Agent. Sign up for a mailbox if you don't have a mailbox with us.
Your account with us must be in good standing.
The corporation, LLC, or LP is, or will be, registered with the State of Delaware as either a domestic or foreign business entity. Domestic means that Delaware is the state where your business was initially chartered. Foreign means that your existing business is registered to do business in a state or jurisdiction other than where it was originally incorporated.
You must add the business as a recipient to your mailbox account. The business name must match the one that is registered with the state.
Notify us that you're utilizing us as your registered agent once you update or file your formation documents.

Updating Your Registered Agent to VPM for Your Existing Entity

If you have an existing company with another registered agent, please follow the steps below:

Contact us you would like to change your registered agent to us via email. Include your company's name, business structure, and mailbox number.
We will respond with a link to an online electronic form that you can fill out.
Read the instructions. But in short, you will just need to complete the last page with your company name, name, and signature. Our registered agent information will already be filled in.
Download the signed document and then visit the following link to complete the Filing Cover Memo online.
- https://corp.delaware.gov/document-upload-service-information/
  - You'll need to fill out your contact info, payment info, and any special filing instructions.
  - The appropriate fees are $50.00. For non-profit corporations, the filing fee is only $5.
Let us file for you -- Alternatively, you may request us to file the form for you. In this case, you are not required to complete the Filing Cover Memo online; we do take care of that. We will bill you the filing fee plus a $50 service fee. This fee will be deducted from your mailbox account. When we receive the returned filed copy, we will notify you via email.
- You can request for expedited processing. In addition to the filing and service fees, you will have to pay the following extra fees depending on the speed of service:
  - $110 for 24-hour expedited processing ($160 total including Change of Agent fee, $200 including our service fee)
  - $220 for same-day processing ($270 total including Change of Agent fee, $310 including our service fee)
- If you are a non-profit corporation, you MUST let us know as the filing fee is only $5. We want to ensure that we charge you the correct amount.

Using VPM as Your Registered Agent for a NEW Entity

If you are forming a new company and using a formation service or lawyer to form your new business, you just need to provide them our information as your registered agent. They will take care of the rest.

If you are filing your own formation documents, then your Certificate of Formation (or initial formation document) will require you to designate the registered agent. Usually, this is written in one of the sections called "Registered Agent". Please contact us to obtain the information required to complete the registered agent section and to notify us that you'll be utilizing our registered agent service.

After Switching Your Registered Agent Service to VPM

Once you have formally switched to us, everything works similarly to how we process your regular mail.

When we receive formal legal mail, including any litigation notice, we scan it online for you to view and process.
You can either ask us to forward the mail or open and scan it. For urgent matters, you may submit a special request to forward mail using Express Mail.

Keep Your Account in Good Standing

If your mailbox is suspended or canceled, we will no longer act as your registered agent. We will file with the state to remove ourselves as your agent. Note that if you do not have a designated registered agent, the Delaware State may suspend your company or revoke your status. So make sure to keep your VPM account in good standing.