Registered Agent Overview
A registered agent is a person or business that has been designated as the party responsible for receiving important legal information on behalf of the business. They may also be known as a resident agent, statutory agent, or agent for service of process, depending on the state.
As the administrative connection between the business entity and the state, the registered agent is responsible for receiving all legal communications on behalf of the company including service of process, notices from the Secretary of State and official government notifications like IRS tax forms.
Each state requires business entities like corporations, LLCs, limited partnerships (LPs), etc. to appoint a registered agent when they file their formation documents (typically the articles of organization or articles of incorporation). Failure to provide a registered agent at the time of formation can delay the approval process, and if you fail to notify the state of any changes to your registered agent, you can risk losing your “good standing” with the state.
Basic Requirements of Registered Agents
Choosing the right registered agent is key. You want someone who is trustworthy, reliable and organized. They are the first line of defense in a legal situation, and entrusting them to manage the deadlines and receipt of these documents allows you to focus on the more pressing aspects of everyday business.
The most important requirement of being a registered agent is maintaining a physical address where legal and other business documents are received; having a post office box is simply not allowed. It is important to note that some states require the registered agent to be a resident in the state where they serve; if it is a business entity that offers RA services, than a physical address in that state will do.
It is also extremely important for the registered agent to maintain normal business hours which fall from 8:00 a.m. to 5:00 p.m., Monday through Friday. We cannot stress enough how crucial this is – this is the timeframe in which a lawsuit can be served.
If your registered agent is a one-man operation, even stepping away for five minutes to grab a coffee, or visit the restroom, can put your business in jeopardy of not receiving critical documents like service of process, which can come with very serious consequences. The business may risk losing a lawsuit by default if the business is unable to be served, or they may miss important filing deadlines to stay in good standing with the state. That is why we recommend appointing a third-party registered agent, so you don’t have to worry about ensuring someone is always at the office.
Something else to consider when choosing a registered agent is privacy. This comes in two forms. First, the registered agent’s physical address will be the address listed on all legal documents. This keeps the business address separate, which is especially helpful if it is a home address.
Another aspect of privacy relates to service of process. Since all lawsuit documents are served by the Sherriff or a Process Server, appointing a registered agent that is outside the company allows these documents to be served in private, avoiding the potential for employees or clients to witness this process.
In addition, a good agent provides document management. They are responsible for knowing and understanding the business requirements by state and will keep up with filing deadlines and changing requirements for your business, ensuring the business remains compliant and in good standing with the state. This is especially helpful if the business is operating in multiple states. Each state’s requirements are different, and having a registered agent handle these details can eliminate a lot of stress from your shoulders.
While it is legally acceptable to act as your own registered agent, we do not recommend it. Let our trained experts at DoMyLLC act as your agent, ensuring that all of your legal documents are received, electronically stored, and that your filing deadlines are met. We’ll take care of the administrative end so you can focus on running the day-to-day operations of your business.
How do you choose a good registered agent?
Experience is everything. You’re searching for someone that is knowledgeable, savvy, and extremely good at keeping up with ever-shifting compliance and business laws. Additionally, business compliance laws vary from state to state, so make sure that the registered agent service you are evaluating operates in or near the state that you operate your business in.
If you’ve done your homework, and you’ve chosen wisely, then your registered agent will become your business’s best friend, one that makes sure that your business never falls behind in its filings and remains compliant.
Have Questions? Speak with a DoMyLLC specialist at (888)-DoMyLLC (366-9552).
FAQs
What is a Registered Agent?
A Registered Agent is a person or authorized entity who can accept legal documents, tax documents and notifications from a government office on behalf of a Corporation or LLC.
Why does a company have to have a Registered Agent?
The main function of the Registered Agent is to receive service of process (legal correspondence) on behalf of the company. If the company is being sued, the agent is the person that will receive the lawsuit.
Who can be the Registered Agent?
The Registered Agent can be any individual (over the age of 18) or authorized entity that resides at a physical location within the state of filing. A P.O. box does not qualify.
Why does the Registered Agent need to be available?
The agent is responsible for legal correspondence which is handled during normal business hours Monday-Friday 8:00 am to 5:00 p.m.
Our price is the best in the industry, only $99. Give us a call and we will match any competitor’s price, (888)-DoMyLLC (366-9552).
Our office includes this service in our Incorporation and LLC packages to ensure proper state requirements are met. ORDER NOW!
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Comparison Chart– Compare all entity types to determine the proper structure for your business.
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