What is a Registered Agent?

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.

What is a registered agent?

As we already mentioned, a registered agent is an 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: 

• Notice of garnishment proceedings or legal action
• Certificate of Good Standing
• Government correspondence
• Compliance documents

Who needs a registered agent and how to appoint one

All states require “formal business entities” to have registered agents. This includes LLCs, corporations, partnerships, and the like. You must also appoint a registered agent in any state where you are authorized to do business.

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: 

1. Name your LLC
2. Appoint a registered agent
3. File your Certificate of Formation/Articles of Organization (or your state’s equivalent) 
4. Draft an Operating Agreement
5. Apply for an EIN

If forming a corporation, you will need to designate a registered agent when filing your Certificate of Incorporation/Articles of Incorporation.

Note: You’ll also need to keep the registered agent information up-to-date when filing your company’s annual report. 

Sole proprietorships are typically not required to appoint a registered agent, since they are the only owning member of their business, meaning all correspondence will go to them anyway. 

Who can be a registered agent?

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. The agent requirements include: 

• Being 18-years-of-age, or older
• Having a physical address in the state where the business is formed
• Being available in-person during normal business hours

The benefits of using a registered agent service

Better yet, many businesses choose to utilize professional registered agent services. The benefits of using a registered agent service include: 

• More assurance you will remain in compliance
• Peace of mind that official notices are being handled correctly (for instance, that you will receive any summons in time)
• Certainty that your representative is available during regular business hours
• Privacy regarding financial, legal, and other business matters

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! 

Summary 

In summary, aside from sole proprietors, all business owners must 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. 

Anyone you trust who is over the age of 18, has a physical location address in the state your business is formed, and is available in person during 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. 

We can help

Ready to form your business? We can help! From formation to the all-important registered agent services, we’ve got your back. And with our worry-free compliance services, you can gain peace of mind while focusing on what you do best: running your business. Start today.