How to Change Registered Agent in Illinois

There are a number of reasons you might need to change your Illinois LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.

Whatever your reason may be, changing a registered agent in Illinois might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.

What the State of Illinois Says about changing a Registered Agent

The state of Illinois has certain requirements for changing your LLC’s registered agent. Domestic and foreign LLCs are eligible to change their registered agent either online or by mail. In order to change a registered agent, the company must be in good standing with the Secretary of State’s office.

The LLC-1.36/1.37 Form: Statement of Change of Registered Agent and/or Registered Office, is available for download on Illinois Secretary of State LLC Forms page. Or, you can file online at the Illinois Secretary of State’s online services page.

Who can be an Illinois Registered Agent

You can’t pick just anyone to be a registered agent for your LLC. The state of Illinois puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in Illinois must:

• Be an individual Illinois resident or a business entity located in Illinois
• Have an Illinois street address (P.O. boxes are not allowed)

* If your registered agent is a foreign business entity, it must be authorized to transact business in Illinois

How to Change Your Illinois Registered Agent

You have two options for changing your registered agent in Illinois:

1. Use the Secretary of State’s online filings page
2. Complete and send a LLC-1.36/1.37 Form: Statement of Change of Registered Agent and/or Registered Office

For both methods, you’ll need to provide:

• Your LLC name
• Your current registered agent name and registered office address
• Your new registered agent name and registered office address

* The registered office address will be the same as your registered agent’s office address.

• An authorizing signature

Filing online is typically the more streamlined option. Navigate to this page and review all the instructions before clicking “File” at the bottom. Then, follow the onscreen instructions and you’ll be finished before you know it.

Prefer a hard copy? Download the LLC-1.36/1.37 Form here. After filling it out, mail two copies to:

Secretary of State

Department of Business Services

Limited Liability Division

501 S. Second St., Rm. 351

Springfield, IL 62756

*If you live in or near Springfield, you can also drop them off in person at the same address.

There is a $25 fee to change your registered agent. For online filings, you will be prompted to pay via Visa, Mastercard, Discover or American Express. By mail or in person, please submit a check made payable to “Secretary of State.” Processing time for the Illinois Secretary of State is usually 7-10 days, but if you need to make the change sooner, you can pay an additional $50 fee for expedited 24-hour processing (this is only an option for in-person filings).

Other states may allow companies to change registered agents by making updates on the Articles of Organization or annual report. Not so in Illinois. The methods listed here are the only two options.

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’ve done your part. Kick back and wait for your new registered agent to appear on the record.

Consider a Registered Agent Service

Think of your registered agent as a mediator between you and the state of Illinois, the person or business entity that handles some of your most important paperwork.

In case you thought the registered agent was just a formality, look at the documents they handle:

• service of process notices
• tax information
• lawsuits
• and other Secretary of State correspondence.

A lot of important stuff. Which is why a reliable registered agent is essential to every Illinois business owner.

By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.

Plus, if you operate an Illinois small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.

If you’re unsure where to find a good Illinois registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.

Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top registered agent services. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness and LegalZoom are two very well known options.

Need to Resign your Illinois Registered Agent?

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

Registered agents play an important role in the life of an LLC, 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.

Fortunately, for Illinois LLCs it is easy.

Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.

Notifying the Illinois LLC

Before you send your formal resignation to the Secretary of State’s office, send a copy to your LLC. This is required by Illinois state law (805 ILCS 5/5.15), but it’s also a good way to help your company prepare a smooth transition. In doing so, you’re giving them ample time to plan their registered agent change, so they can avoid potential fines and penalties. While you’re only required to send a copy by mail, it’s also beneficial to communicate your resignation by phone or in-person, so you can more effectively discuss a succession plan.

You must send this notice at least ten days prior to officially submitting it to the state, so make sure to lay out a timeline before you begin the process.

Submitting Your Resignation

There’s one essential form you’ll need to download and submit: the “Resignation of Registered Agent.” Find it on the Illinois Secretary of State LLC Forms page.

Once you have your hands on the form, you’re ready to get the ball rolling. Fill it out with the following information:

• The LLC name
• Your name and registered office address
• The LLC’s principal office address
• The date of your resignation (either the 30th day after the form is processed or a date sometime after that)
• Your signature and a signature from one of the LLC’s principal officers

That wasn’t so bad. First, send a copy to your LLC. Then, after ten days, you can mail it off to the Secretary of state.

There’s a filing fee for this form, but only a small one: $5. Include a check – made out to “Secretary of State” – and send two copies of your resignation to:

Secretary of State

Department of Business Services

Limited Liability Division

501 S. Second St., Rm. 351

Springfield, IL 62756

Your resignation is in, but you’re not off the books right away. Your name will remain on file as the registered agent for 30 more days unless your company appoints a replacement sooner. Keep in mind that you might continue receiving mail and service of process for up to one month after you officially resign.

Handing off Your Responsibilities

When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC 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 registered agent coverage can result in severe penalties. In Illinois, any business entity that goes 90 days or more without a valid registered agent will be administratively dissolved. For this reason, it’s important to give your LLC advance notice and potentially help them plan for your replacement.

Once you’ve nominated a replacement, confirm that they meet Illinois’ registered agent requirements. They must:

• Be an individual resident of Illinois or a corporation authorized to do business in the state
• Have a physical Illinois address (P.O. boxes aren’t allowed)
• Have a mailing address in Illinois
• Be present at their address during general business hours

One of an LLC’s individual managers or members can serve as registered agent for the company, but sometimes it’s easier and more effective to hire a professional.

We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.