Learn what a registered agent is and what they do.
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A registered agent (also referred to as a “resident agent,” “statutory agent,” or “agent of process”) is a person or entity that serves as a business’s legal point of contact. This representative receives official mail, legal documents, and service of process on behalf of your company.
Keep reading to learn more about how registered agents work, who needs one, how to find a registered agent for your business, and more.
As we already mentioned, a registered agent is a person or entity that has been legally appointed to receive mail, legal documents, and service of process on behalf of your business.
“Service of process” simply refers to a legal notification that your business is being sued or being summoned to court. Mail and legal documents a registered agent could receive on your behalf might include things like:
A registered office refers to the physical location, not a P.O. box, where the registered agent is available during normal business hours to receive legal notices and official correspondence from the Secretary of State on behalf of the business. This office address must be valid and accessible for the registered agent to receive documents in person.
All states require “formal business entities” to have registered agents. This includes LLCs, corporations, and other businesses that must register with the state. You must also appoint a registered agent in any state where you are authorized to do business. When forming an LLC or corporation, it’s necessary to designate an initial registered agent and registered office.
The steps to forming your company and appointing a registered agent will vary based on your state and business structure, but you’ll designate one at the time of formation.
If forming a limited liability company, the steps will generally be as follows:
If forming a corporation, you will need to designate a registered agent when filing your Articles of Incorporation/Certificate of Incorporation.
Note: You’ll also need to keep the registered agent information up to date when filing your company’s annual report or biennial report (if your state requires one).
Sole proprietorships and general partnerships are typically not required to appoint a registered agent. Limited partnerships (LPs) and limited liability partnerships (LLPs) are required to have a registered agent because, like LLCs and corporations, they must file paperwork with the state in order to form.
Recommended: Model Registered Agents Act Definition
If you’re wondering if you can serve as your own registered agent, the answer is often “yes.” You can also designate another owner (or member) of your business or even a trusted acquaintance. In most states, the agent requirements include:
Many businesses opt to hire professional registered agents to ensure compliance and effective handling of legal documents.
Better yet, many businesses choose to utilize professional registered agent services. The benefits of using a registered agent service include:
Another benefit of hiring a registered agent service is avoiding having to deal with all that mail yourself. Since a registered agent’s address becomes a matter of public record, it can result in receiving lots of junk mail. Appoint a professional to deal with it, and you won’t be bothered until there’s something important that requires your attention.
If you need to change your registered agent, you must file a registered agent form with the relevant authority.
In summary, all businesses that must register with the state are required to appoint a registered agent. A registered agent is a person or entity that receives official correspondence from the Secretary of State and service of process on behalf of your business. Without a registered agent, your business risks receiving a default judgment in legal proceedings due to missed communications.
Anyone you trust who is over the age of 18, has a physical address in the state where your business is formed, and is available in person during all standard business hours can be your registered agent. However, appointing a registered agent service can afford you better peace of mind when it comes to compliance, timely handling of important documents, privacy, avoidance of junk mail, and more.
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Can I be my own registered agent?
Yes, most business owners can serve as their own registered agent. Agent requirements in most states include:
What does a registered agent do for a business?
A registered agent receives service of process (notifications of a legal action) and correspondence from the Secretary of State on behalf of a business.
How do you change a registered agent for your business?
You can change your registered agent by going to your state’s Secretary of State and completing the appropriate form. Some states charge a small fee for this. You should also notify your current registered agent that you are switching from them (whether it is an individual or a professional service). Don’t forget to also update your registered agent address and any internal paperwork, such as your operating agreement or corporate bylaws.
What does a registered agent do in a corporation?
A registered agent serves as the official point of contact for a corporation, receiving important legal and administrative documents on behalf of the business. Their primary role is to ensure that the corporation stays informed of any legal proceedings or official correspondence from the Secretary of State and that any such notices make their way to the business entity filing office.
The registered agent accepts service of process, such as subpoenas and notices of lawsuits, and forwards them to the appropriate individuals within the corporation. They also receive other essential documents from the Secretary of State and ensure they reach the designated recipients.
Is the registered agent of a company the owner?
The registered agent of a company is not necessarily the owner. The registered agent can be an individual or an entity, such as a registered agent service. While the owner of a business can also serve as the registered agent if they meet the requirements, it’s not a requirement for the owner to hold this position. The registered agent’s role is to ensure that the corporation has a designated representative who can accept legal documents and official correspondence from the Secretary of State on its behalf, regardless of ownership.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 800,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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