News & Events
Upcoming Changes to Colorado Registered Agent Requirements and Delaware Trade Name Filings
New Colorado Registered Agent Requirements (Effective July 1, 2025)
The Colorado Secretary of State has announced updated requirements for serving as a registered agent in Colorado. These changes, which take effect on July 1, 2025, are intended to enhance the accuracy and reliability of registered agent information and to ensure that agents maintain a bona fide presence within the state. By strengthening these standards, the new rules aim to reduce the incidence of inaccurate or invalid registered agent listings and help ensure that entities can be properly served with legal notices and official government communications.
Current Rules (before July 1, 2025)
Under current Colorado law, every entity formed or registered to do business in the state must maintain a registered agent who agrees to accept legal documents and official state correspondence on the entity’s behalf. The registered agent may be an individual or a business entity and must have either a primary residence or a business address in Colorado. Currently there is no verification process to confirm proof of residency or the existence of a bona fide business address.
What’s Changing on July 1, 2025
Effective July 1, 2025, the Colorado Secretary of State will implement a formal verification process to confirm proof of residency or business presence. Individual and entity agents will be required to comply with the following:
Individual Agents:
Individuals designated as registered agents must verify Colorado residency by either of the following methods:
- Provide a current, valid state-issued Colorado driver’s license or identification card; or
- If the individual does not have a Colorado driver’s license or ID, they must complete an alternative address verification process. This involves receiving a mailed passcode at the agent’s Colorado residence, retrieving the mailed letter, and entering the passcode online to confirm the address. The alternative verification process does not waive the residency requirement as the individual must still physically reside in Colorado.
Entity Agents:
Business entities serving as registered agents must verify that the entity:
- Is registered with the Colorado Secretary of State;
- Is in good standing; and
- Maintains a usual place of business in Colorado.
Next Steps
Businesses should review their current registered agent arrangements and ensure compliance with the new requirements in advance of the July 1, 2025, effective date. Entities that use third-party registered agent services should confirm that their agent is aware of these changes and prepared to comply with the verification process.
Delaware Trade Name Filing Requirements (Effective February 2, 2026)
As part of Delaware’s continued initiative to modernize and streamline business registration, the state has enacted new rules for trade name (DBAs) filings. Starting February 2, 2026, businesses will no longer file trade names at the county level. Instead, all trade name filings must be completed through a centralized state-run online system. This transition is intended to make the registration process more efficient, reduce outdated procedural hurdles, and provide clearer, more consistent protection for trade names used throughout Delaware.
Who Is Affected
These updates apply to any business that:
- Operates in Delaware under a name different from its legal entity name;
- Has filed a trade name in any Delaware county; or
- Is organized outside Delaware but maintains a Delaware trade name registration for business or operational purposes.
Statewide Centralized Online Filing will Replace County Filings
Under the current framework, trade names must be filed separately in each county where the business operates. This can lead to inconsistencies and duplicative paperwork. Beginning February 2, 2026, the Delaware Division of Revenue will manage all trade name registrations through the state’s online One Stop portal. This change eliminates the need for paper filings and notarization, streamlining the process for businesses.
Mandatory Re-Registration of Existing Trade Names
Businesses with existing county-level trade name registrations will need to re-register those names under the new state system as the existing county-level trade name registrations will not automatically transfer. Re-registration opens on February 2, 2026, and filings will be accepted on a first-come, first-served basis. This means that a name currently in use may become unavailable if another entity secures it first under the new system.
The Delaware Division of Finance will mail notices to current trade name holders explaining the new requirements and the steps needed to re-register. To encourage timely compliance, the State of Delaware will waive the usual $25 trade name registration fee for businesses re-registering an existing name during this re-registration window. The closing date for the re-registration window has not yet been announced.
New Business License Requirements
Under the updated rules, a business must hold an active Delaware business license to register or maintain a trade name. Entities formed in Delaware but not actively doing business in the state may instead obtain a Special Trade Name License. This special license will cost $25 per year and must be renewed annually to keep the trade name registration valid and in good standing.
A registered trade name will remain valid as long as the business license (or special trade name license) is kept current. If a license lapses for three consecutive years, the trade name will be released and may be claimed by another entity.
Next Steps
Businesses should review their existing trade names, confirm current licensing status, and be prepared to re-register promptly when Delaware’s new online system launches. Early action will help prevent any lapse in rights and ensure compliance with the updated requirements.
Jesse Hodges, a law clerk with Otten Johnson, authored this alert.
