One of the things you’ll need to determine before filing your paperwork to form a Limited Liability Company (LLC) in Connecticut is who will serve as your registered agent. The state requires all LLCs to have one, but what is a registered agent? What are their job duties, and what are the requirements to be one?
What is a Connecticut Registered Agent?
A registered agent is an individual or company who is the official point of contact for receiving important legal documents on behalf of your LLC.
What does a Connecticut Registered Agent do?
The duties and requirements of the registered agent are found in Connecticut Statutes Section 34-243n. These say LLCs will have and continuously maintain a registered agent and registered office within Connecticut. This agent must be also be available during normal business hours to accept service of process.
Having someone in this position is necessary because it ensures that the correct people within an LLC are notified when time-sensitive materials need to be delivered, such as tax notifications from the state, service of process for lawsuits, garnishment notices against employees, and notice of annual reports.
Who can be a Registered Agent in Connecticut?
Registered agents in Connecticut can be:
- You can serve as your own agent if you are a resident of Connecticut
- Any Connecticut resident age 18 or older
- Another business entity registered with the state of Connecticut that has a Connecticut address
- Secretary of the State (foreign entities only)
The registered agent must:
- Have a physical address (often referred to as a registered office or principal office) in the state of Connecticut. This can be the actual address of the business; the home address of an owner, friend, or family member; the address of an accountant or attorney; or the address of a registered agent service, so long as it’s in the state. The office of the registered agent does not have to be the same as the business address. Post Office boxes and mailbox services are not acceptable because the correspondence must be delivered in person.
- Be available to receive Service of Process on behalf of the business during regular business hours. Service of process refers to the delivery of legal documents, such as a lawsuit filed against the business entity.
Can I be my own Registered Agent in Connecticut?
You can be your own agent, as long as you are a resident of the state, over 18 years old, and are generally available during business hours.
Should you be your own Connecticut Registered Agent?
Provided you live in Connecticut, the law allows you to be your own registered agent. However, this might not be the best option for you. Consider some of the following reasons to hire a service to act as a registered agent.
- Availability – A registered agent needs to generally be available at the listed address during normal business hours. Do you want to tie yourself to the office all day and not be able to visit clients or have a day off?
- Compliance Reminders – Many registered agent services provide reminders about state requirements such as annual report filings. Remembering to file an annual report can be easily forgotten.
- Penalties and Fees – By not continuously maintaining a current registered agent, the LLC may be responsible for penalties and fees. In some cases, the state could dissolve your LLC altogether, leaving you vulnerable to liability.