It is a requirement by all states for businesses formed within that state to have a registered agent. The primary reason for this requirement is so that the state will have an official contact. Note that this contact will be the person with which the state communicates all necessary filings to as well as any changes in organizational requirements, at the very least.
Also, note that this individual or business is tasked with accepting a notice of lawsuit on behalf of the business. In addition, if you intend on expanding your business to another state, you will be expected to have a registered agent in that state according to the legal statutes.
As part of this, you will need to notify the state of who your registered agent is and who they should contact at any time. The state will need to have an actual address of this individual because a P.O. Box address is not an acceptable address for registered agents.
There are two instances where registered agents more or less create the most value to your business. The first is because time-sensitive documents require immediate attention, and if you are busy running your business, you may not always be available to get these documents and you may miss a deadline. Have it in mind that a registered agent will get them for you and then notify you of the deadline that you are expected to meet according to the document.
The second way is because your business image is crucial and needs to be protected. Note that when you choose to register your business, you are choosing to legitimize it. Therefore, you need to have a registered agent who can help you maintain your professional image even while you are running around taking care of the business.
Primary Duties of a Registered Agent for LLC and Corporation
A registered agent is the first point of contact between you and the state in which you are doing business. Here are the three main duties of a registered agent in the United States.
Contact Person
In the United States, an LLC or Corporation is legally expected to have a registered agent’s name and address made publicly available. It means that you will designate a person to act as the “agent” of your business and that they are “registered” with the Secretary of State. Note that anyone you pick to be designated as your business’s registered agent will have their name and address officially and publicly on file with the Secretary of State.
It also entails that they will receive all incoming mail from the government (and from spammers and solicitors as this information will be accessible by anyone). The individual listed on file as your company’s registered agent will act as the “on-call” contact person or representative for your business and must always be available during standard business hours.
Service of Process
You should also note that a registered agent is not a process server. However, the registered agent is the recipient of the service of the process. In a situation where your business is ever involved in a lawsuit, and you are summoned to court, you have a legal right to be notified in writing that you are expected to appear.
Ideally, a process server will deliver the summons and have to provide an affidavit stating that you have been served. Furthermore, since most business owners like to keep legal matters private, having a registered agent dedicated to accepting the service of the process at an alternate location is ideal. Aside from just acting as the contact person for your business, the registered agent will accept and forward important legal documents and serve as a corporate liaison.
Corporate Liaison
In the United States, aside from having contact information published, a registered agent acts as a corporate liaison between your company and the government. As a business owner, anytime you are out of town or go on vacation, someone is still expected to be available to accept important legal documents.
In addition, it is very critical that someone trustworthy accepts and delivers the documents to you. Some legal documents that a registered agent will receive include annual reports, financial documents, and other communication from the Secretary of State.
Registered Agent Requirements in the United States
In the United States, registered agents are expected to meet the following requirements:
- Age: If you use an individual, they are expected to be at least 18 years old.
- Residency: If you use an individual, they are expected to be a resident of the state of registration. If the registered agent is a company, it can be a domestic or foreign entity, as long as it is authorized to do business in the state.
- Physical address: Should have a physical address in the state of registration. This location is usually called the “registered office.” P.O. boxes don’t count, so you can’t use a UPS Store, for example.
- Availability: Expected to be available to receive mail and sign official documents during normal business hours, Monday to Friday, 9 a.m. to 5 p.m.
However, different states have slightly different regulations. For instance, in Virginia, only licensed attorneys or officers, or members of the business can serve as registered agents. And Arizona doesn’t mandate that registered agents need to be available during normal business hours. Your state’s business filing agency will be able to tell you more about state-specific requirements.
In some states, the registered agent is expected to submit a consent form indicating that they’ve agreed to be your company’s registered agent. Howbeit, also remember that if you are registered to do business in multiple states, each state will require you to name a registered agent who has a physical address in that state.
How to Get a Registered Agent in the United States
Have it in mind that you can find many registered agent services if you do an internet search. Some things to do before you decide on a service include:
- Find out what’s included in the service and what is extra.
- Find out where the office is located. Many services have offices in the state capital. The service must tell you where the office is, so you can include that information in the registration with your state. Make sure it is a legitimate business location.
- Talk to someone with the service, and ask questions. If you can’t get a reply, question whether the service is legitimate.
- Read reviews.
Conclusion
No matter where you are starting your business, if you are forming an LLC or corporation, you are expected to have a registered agent and a registered office. However, this doesn’t mean you need to hire a registered agent service.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your business’s behalf. You can appoint yourself, or in many states, you can appoint your business to be its own registered agent.
Frequently Asked Questions
What Is The Purpose Of A Registered Agent?
Aside from receiving official mail on behalf of your business, the main purpose of a registered agent is to help your business maintain effective corporate compliance by informing you of legal notices or sending annual report filing reminders.
What Is The Responsibility Of A Registered Agent?
A registered agent is responsible for accepting legal and tax documents from the state government on behalf of the company. These documents include franchise tax notifications, deadline notices for annual report filings and service of process documents for lawsuits.
What Is A Commercial Registered Agent?
A commercial registered agent is an individual or entity chosen by a corporation, organization of limited liability company (LLC), or partnership to receive tax and legal documents. The agent should be able to deliver the documents to the relevant companies they represent in a timely manner.
Can Legalzoom Be A Registered Agent?
Yes, and as a matter of fact, LegalZoom is certainly one of the most popular registered agent service and business formation service on the market, but that doesn’t necessarily mean they’re the right choice for you.
Can I Act As My Own Registered Agent?
A registered agent is simply a person or entity appointed to accept service of process and official mail on your business’ behalf. You can appoint yourself, or in many states, you can appoint your business to be its own registered agent.
What Is The Best Registered Agent Service?
- Northwest Registered Agent.
- Rocket Lawyer.
What Is A Registered Agent For An LLC?
A registered agent for an LLC is an individual or entity that has been appointed by an LLC or Corporation to receive service of process, government correspondence, and compliance documents on behalf of the business
Is Registered Agent The Same As Owner?
The registered agent does not become an owner of your LLC—unless he or her is already a member—and does not have the right to respond to the papers received on your behalf.
Can The LLC Owner Be The Registered Agent?
Please note that the person or agency appointed to receive legal notices on behalf of an LLC or corporation is a registered agent. Hence, the registered agent for service of process can be anyone. It can be a service hired to fill the role, an outside person, the business owner, or an employee.
What Are The Risks Of Being A Registered Agent?
1) You Have to Be Available During All Business Hours.
2) You Could Miss an Important Delivery.
3) You Can Only Conduct Business In Your Home State.
4) A Registered Agent’s Address Is a Matter of Public Record.
5) Your Customers or Employees Could See You Get Served.
Should I Use A Registered Agent Service?
Yes, of course. The truth is that using a professional registered agent ensures you receive any Service of Process both promptly and privately.
Can The Post Office Be A Registered Agent?
No, the reason being that the registered agent must have a physical address in the state of formation or qualification. Post office boxes or a private mailbox rented from a company, such as The UPS Store, may not be designated as the registered office.
Can iPostal Be Your Registered Agent?
Yes, and as a matter of fact, iPostal can also deposit checks by mail into your account. Some virtual mailbox locations will act as a registered agent for your business. iPostal1 even lets you add an optional phone number with call forwarding, and you can listen to voice mail messages right from your iPostal inbox.
Is A Virtual Office The Same As A Registered Agent?
A registered agent is meant to receive official government documents like service of process, while a virtual office is an actual office space that is managed by a third party and is meant to receive regular mail (among other things).
Can I Use A UPS Business Mailbox Address As My LLC Registered Agent’s Address If I Am Acting As The Registered Agent?
No.
Who Is Considered An Agent Of A Company?
The agents of the corporation are generally considered to be the board of directors, officers or other persons the corporation authorizes to act on its behalf.
Is The UPS Store A Registered Agent?
A UPS store cannot be a registered agent. Registered agents must have a physical address in the state where your business is organized.
How Do You Find A Company’s Registered Agent?
You can find information on any corporation or business entity including a company’s agent by performing a search on the Secretary of State’s website of the state or territory where that corporation is registered.
Are Registered Agent Services Worth It?
Registered agent services typically cost somewhere between $100 and $300 per year. For some business owners, it’s well worth the fee to not have to track the official notices and annual report due dates with the state.
How Much Does Incfile Charge For Registered Agent?
The annual fee for the Registered Agent service is $119.
How To Become The Registered Agent Of Your Business?
In order to be your own registered agent, you must meet several state requirements. An individual needs to be a resident of that state in order to serve as an entity’s registered agent. In addition, he or she must have an actual physical address within the state—a post office box will not suffice.
How Do I Change My Registered Agent In Delaware?
The State of Delaware requires a $50 filing fee for Change of Agent form. Enter your credit card information on the fax coversheet, or you can mail the one page Change of Agent form to the Division of Corporations with a check attached.
Can Anyone Be A Registered Agent?
Absolutely. A registered agent can be any person who is at least 18 years old and has a physical address (not just a P.O. box) in the state where your LLC is formed. An agent can also be a business that provides registered agent services to LLCs and corporations.
Should I Pay For A Registered Agent?
Absolutely! You never want to miss an important notice.
Can The Incorporator Also Be The Registered Agent?
Yes, you can serve as both the Incorporator and the Registered Agent. A registered agent is someone who needs to be present at a company’s business address to receive legal correspondence during standard business hours.
How Do I Find A Registered Agent In California?
The address of a Registered Corporate Agent is available on the Secretary of State’s Business Search, and if provided by the corporation, additional contact information may be available on the Secretary of State’s Private Service Companies webpage.
How Much Does A Registered Agent Cost?
Registered agent services typically cost somewhere between $100 and $300 per year. For some business owners, it’s well worth the fee to not have to track the official notices and annual report due dates with the state.
What Is The Difference Between A Commercial Registered Agent And A Noncommercial Registered Agent?
The only difference is the commercial registered agent has a Commercial Registered Agent Listing with the Secretary of State and the noncommercial registered agent does not.
Is Registered Agent The Same As Owner?
No, when you designate a registered agent, you reach an agreement with that person or company to accept service of process on your LLC’s behalf. The registered agent does not become an owner of your LLC—unless he or her is already a member—and does not have the right to respond to the papers received on your behalf.
What Is A Nevada Registered Agent?
A Nevada registered agent is a person or entity with a physical address in Nevada where they are available during normal business hours to accept service of process and other official correspondence on a business’s behalf.
How do I change my registered agent in New York?
To change your New York registered agent, simply fill out a Certificate of Change form and submit it to the New York Department of State along with a check or money order for the $30 filing fee ($20 for nonprofits). You can pay with a credit card by submitting a Credit Card/Debit Card Authorization form.
Does An LLC Have A Principal Place Of Business?
Yes, and as a matter of fact, the address for an LLC, or limited liability company, can include both its principal place of business and its physical location. Each LLC must abide by the laws of its state of formation.
What Is a Principal Place of Business?
A company’s principal place of business is the primary location where its business is performed. This is generally where the business’s books and records are kept and is often where the head of the firm and other senior management personnel are located.
Is A Registered Agent A Member Of An LLC?
No! When you form an LLC, you establish an entity separate from any of its owners. But because an LLC is not a person, someone has to accept legal “process” such as lawsuits and subpoenas on its behalf. That person is the LLC registered agent, also called a statutory agent.
Can You Have More Than One Company Registered To The Same Address?
There’s no issue having 2 companies at the same registered office. As you probably know, the registered office is in the public domain so anyone with internet can see where the company is registered for free.
How Much Does Legalzoom Charge For A Registered Agent?
LegalZoom charges an annual fee of $299 to serve as your registered agent, although if you purchase business formation service from them, they’ll provide your first year for $159.
Is Principal Place Of Business Same As Registered Agent?
A registered agent must have a physical address within the state that is open during business hours to receive your documents. This is not the same as a mailing address, or a principal business address, each of which serve different functions depending on the state.
Can The Registered Agent And Organizer Be The Same?
Organizers and registered agents are not one and the same however, in some states LLC organizers can act as the LLC’s registered agent. Organizers usually perform duties limited to the initial creation and filing of the LLC documents.
How Do You Transfer Property To An LLC?
- Contact Your Lender.
- Form an LLC.
- Obtain a Tax ID Number and Open an LLC Bank Account.
- Obtain a Form for a Deed.
- Fill out the Warranty or Quitclaim Deed Form.
- Sign the Deed to Transfer Property to the LLC.
- Record the Deed.
- Change Your Lease.
How Do You Cancel Registered Agent Service?
You may cancel your RA Service by calling our Customer Care Center or by cancelling online through the “My Account” portal.
How Much Does A Registered Agent In Delaware Cost?
Registered agent in Delaware cost $50.
Can Your Husband Or Wife Be Your Registered Agent?
Yes, your husband or wife can be your registered agent as he or she meets the state requirements.
Can You Be Your Own Registered Agent In Illinois?
Yes, you can but note that you must be at least 18 years old to be your own registered agent in Illinois. An Illinois street address is required and the agent must be able to accept legal paperwork delivered in person to their home or office. A registered agent can be the owner, an employee, a friend, or a nearby business.
Can Your Accountant Be Your Registered Agent?
Absolutely, your company’s accountant, lawyer, or any of its corporate officers can also act as the registered agent for your business. Attorneys and CPAs are a good option as they have their own office, but their registered agent services might be prohibitively expensive.
What Happens If I Don’t Have A Registered Agent?
Failing to have a Registered Agent contact may result in serious, adverse consequences. Your business can be administratively dissolved in the state of its formation and forfeit the authority to do business in other states.
What Is A Delaware Registered Agent?
A Delaware Registered Agent is the liaison between your company and the state in which it is incorporated. Delaware Registered Agents are responsible for receiving and forwarding legal documents and correspondence from the Delaware Division of Corporations to clients in a timely fashion.
How Much Does It Cost To Change Your Registered Agent?
Changing your registered agent can cost from $0 to $50 per state depending on the number of states you’re registered in to do business with your LLC.
Can You Change Your Registered Agent Later?
Businesses can change registered agents at any time. Most states do, however, require a filing fee for the Change of Registered Agent form.
Can An LLC Have More Than One Registered Agent?
No, this is so because when you form an LLC, you must meet certain legal requirements. You must choose a unique name, and designate a registered agent. While many businesses can share the same designated registered agent, such entities cannot share the same name.
Who Can Be A Registered Agent For A Nonprofit?
Any qualified person except the nonprofit. This is so because the nonprofit itself may not serve as its own registered agent.
What Is A Registered Agent Of A Non Profit?
A nonprofit registered agent (or agent for service of process) provides a physical office in the state where you form or register your nonprofit. The registered agent’s legal responsibility is to receive service of process and government notices during regular business hours and forward them to you.
How Long Does It Take To Change Registered Agents?
The filing time is dependent on the governing state agency and varies by state. In general, non-expedited filings takes about two to three weeks.
How Do You Change Your LLC Registered Agent?
There is no actual form specific to changing your registered agent for service of process. The only way to change your registered agent is to technically “update” it with the Secretary of State by updating your statement of information.