Get a Rhode Island Resident Agent

Having a resident agent is a legal mandate when forming a limited liability company (LLC), corporation, or other state-registered business in the state of Rhode Island.  Below we’ll explain what a resident agent is, their duties, and the requirements to be one.

What is a Rhode Island resident agent?

A resident agent (referred to as a registered agent in most states) is an individual or business that is designated by the business to receive important legal documents and state correspondence on behalf of the company. This position is crucial to ensure that the correct people within a business are notified in person when there are time-sensitive events, such as service of process for lawsuits. The agent also receives important notices from the state, such as garnishment notices against employees, notices of annual reports, and tax notifications.

Note: We’ll be using the terms “resident agent” and “registered agent” interchangeably, as they mean the same thing.

Who can be a resident agent in Rhode Island?

Rhode Island statutes (RI Statutes-7-16-11) state that each domestic or foreign (out-of-state) registered limited-liability company must have a resident agent for service of process on the limited-liability company who shall be either:

(1) An individual resident of this state; or

(2) A corporation, limited partnership, or limited liability company, and, in each case, either domestic or one authorized to transact business in this state.

Resident agents must also have a registered office in Rhode Island. This registered office can be any type of physical residence where mail and service of process can be delivered and accepted in person. A home, business, or office suite number will all suffice as an adequate registered office address. P.O. boxes and virtual offices are unacceptable (RI Statutes-7-16-11).

Benefits of Using a Rhode Island Registered Agent Service

Although it may seem like the simplest and cheapest option is to be your own resident agent, there are some compelling reasons to instead use a registered/resident agent service, such as: 

• Availability – A resident agent needs to generally be available at the principal address during normal business hours. This makes it difficult to leave the office to run errands, meet up with potential clients, etc.
• Avoiding Embarrassment – If you serve as your own resident agent and a lawsuit is filed against the business, you could have papers served to you at your office in front of clients.
• Compliance Reminders – Some resident agent services (like ZenBusiness) provide reminders of upcoming state requirements, such as filing annual report filings. Forgetting compliance obligations can get you in trouble with the state of Rhode Island.
• Penalties and Fees – By not continuously maintaining a current registered agent, the business may be responsible for penalties and fees, in addition to the potential for administrative dissolution (having the state dissolve the business).

How is a Rhode Island resident agent appointed?

You must name your resident agent when you complete the official paperwork with the state to form your business, so you need to decide who your resident agent or registered/resident agent service will be before you begin that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission to serve in that role. 

How much does it cost for a registered agent in Rhode Island?

The cost of a registered agent in Rhode Island varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

To change your registered agent in Rhode Island, you must complete a Statement of Change of Registered Agent form either online, by mail, or in person. There are separate forms for LLCs and corporations. The fee for both LLCs and corporations is $20 as of this writing.

How do I find registered agent services in Rhode Island?

Finding a resident agent in Rhode Island is straightforward. If you’re considering an individual as your agent, you can simply ask a trusted friend or associate who resides in Rhode Island and meets the basic requirements. If you’re leaning toward professional Rhode Island registered agent services, a quick online search for “resident agent Rhode Island” will yield a plethora of options. 

When evaluating these services, look for customer reviews, their years of experience, and any additional services they offer, like compliance alerts for required reports, free mail forwarding, or online storage of your important documents. Regardless of the route you choose, ensure that your resident agent is reliable, accessible, and understands the responsibilities associated with the role.

Our registered agent service can fill this role for you quickly and reliably.

How to Change Your Rhode Island Resident Agent

You may have your business ready to make the transition between resident agents, but first, you need to make the change official. Do this by filing a “Statement of Change of Registered Agent” form either online or by mail. To file online, go to the Secretary of State’s Business Services page, click “File Online,” log in with your Customer Identification Number (CID) and PIN, and follow the prompts until you get the option to change your agent.

To file by mail or in person, head over to the Secretary of State’s registered agent page and select the appropriate form for your business type. Download and complete the form. You’ll need to include the name and address for both the new and old resident agents. Follow the instructions on page one to complete it. When you’re done, mail it off to:

Division of Business Services
148 W. River Street
Providence, Rhode Island 02904-2615

If you live near Providence and need to get out of the office, you can drop it off in person at the same address.

There is a $20 filing fee, regardless of how you submit your form. You can pay with a credit card online, with a check by mail, and with a card, check, or cash in person. If using a check, make it payable to “Rhode Island Department of State.”

Some states allow businesses to change their resident agents on their annual reports or by amending their business formation documents, but in Rhode Island, you must use the specific resident agent change form.

If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.

Submit your form? Pay your fee? Then you’re all set! You should see your new resident agent on file soon.

Rhode Island Secretary of State Contact Information

Resignation of a Rhode Island Resident Agent

There are numerous reasons you might need to give up your Rhode Island resident agent role, but only one way to resign.

Registered agents play an important role in the life of a business, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.

Follow these steps to resign as a resident agent in Rhode Island.

Notifying the Rhode Island Business

Because resident agents are so crucial to their businesses, Rhode Island state law (Section 7-16-11) mandates that you give your company ample time to find a replacement. This means informing them before submitting your formal resignation to the Department of State. In doing so, you’re allowing the business more time to plan for a resident agent change and facilitate a smooth transition.

It will also help you pass along your responsibilities sooner. After your resignation is processed, you remain the resident agent for 30 days unless the business appoints your replacement sooner. If they already have someone lined up, you’ll be moving on sooner.

Submitting Your Resignation

After you’ve delivered notice to the business, it’s time to file your resignation with the state, which will officially take your name off the books. There is no official resignation form, so you’ll need to create your own. But don’t worry; there are only a few pieces of information you need to include. They are:

• The business name (exactly as it appears on the Department of State’s records)
• Your name
• Your address
• A statement of your resignation
• A statement confirming that you have sent notice to your business
• Date
• Your signature

Technically, there’s no fee to submit a resignation. However, the Department of State charges a $10 processing fee for any form that isn’t listed on their website, so it will cost you $10, payable by check (made out to “Rhode Island Department of State”) by mail and cash, credit card, or check in person. Then, mail or hand-deliver your resignation and payment to:

Divisions of Business Services
148 W. River St.
Providence, RI 02904-2615

Typically, the Department of State will process your submission within two business days. As mentioned earlier, your resignation will take effect 30 days after it’s processed unless your business brings on a new agent sooner.

Handing off Your Responsibilities

When you put down your resident agent responsibilities, someone else has to pick them up, or your business will lose its good standing with the state. Help your business keep its momentum by carefully planning your transition.

This starts with finding a successor who’s ready to take over right away. Even a small gap in resident agent coverage can result in severe penalties. After filing your resignation and waiting the requisite 30 days, your name will be cleared from the business’s file. At that point, if they haven’t appointed a new agent, they have 30 days to do so, or the state will administratively dissolve the company.

No matter who the business appoints as your replacement, that person or entity must meet Rhode Island’s resident agent requirements, meaning they must:

• Be an individual resident of Rhode Island or a corporation authorized to do business in the state
• Have a physical Rhode Island address (P.O. boxes aren’t allowed)
• Have a mailing address in Rhode Island
• Be generally available at the registered office address during normal business hours

A business is allowed to appoint one of its individual members as its resident agent, but sometimes, hiring a professional service instead will save time and stress. We recommend using a resident agent service, which can take over resident agent duties, freeing up more time for the business’s managers to focus on running the business.