Get a Michigan Resident Agent

One of the things you’ll need to determine before filing your paperwork to form a limited liability company (LLC), business corporation, or another registered business in Michigan is who will serve as your resident agent. The state requires all registered businesses to have one, but what is a resident agent? What are their duties, and what are the requirements to be one?

What is a Michigan resident agent?

A resident agent (often called a “registered agent” in other states) is an individual or other legal entity designated by the business to receive important legal documents and certain state correspondence on behalf of the business.

One quick note before we proceed further: the terms “registered agent” and “resident agent” can be used interchangeably, so if you see “Michigan registered agent” used online, know that it’s referring to a resident agent.

What does a Michigan resident agent do?

Michigan registered agent requirements and duties are found in the Michigan Statutes. These laws say businesses will have and continuously maintain a resident agent and registered office within the state. The primary role of this agent is to receive service of process on behalf of the company. This position is necessary because it ensures that the correct people within a business are notified in the event of time-sensitive events such as service of process for lawsuits, garnishment notices against employees, notices of annual reports, or tax notifications.

Who can be a resident agent in Michigan?

The resident agent may be an individual resident in Michigan whose business office or residence is identical to the registered office or any of the following:

• A domestic corporation;
• A foreign corporation (meaning a corporation formed outside of Michigan) authorized to transact business in the state;
• A domestic limited liability company; or
• A foreign limited liability company authorized to transact business in the state.

These entities must also have a business office identical to the registered office to qualify. The registered office must be a physical street address in Michigan and not a P.O. box or something similar. The resident agent must be present at the registered office during all normal business hours.

Benefits of Using Michigan Resident Agent Services

Using a resident agent service offers some important benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail; if you serve as your own agent, you’re required to be at the registered office all day. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

More importantly, a professional resident agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whomever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the resident agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

Can I be my own registered agent in Michigan?

Michigan allows you to list yourself as your own registered agent if you wish. You can also designate a friend or family member if they’re willing. The only catch is that you (or your appointee) must meet the criteria of having a physical address where you’re available during all normal business hours. Anyone who doesn’t meet these criteria shouldn’t be a registered agent. 

Being your own registered agent is a popular choice for entrepreneurs who are looking to save money, but just because you can serve as your own agent doesn’t necessarily mean you should. It’s not a great option for small business owners who travel on non-holidays or for those who need to be free to run errands around town and meet with clients. It also often doesn’t work for businesses that don’t maintain a regular physical office. For those businesses, hiring a third-party registered agent service might be a better fit.

How is a resident agent appointed in Michigan?

You’ll need to name your resident agent when you complete the official paperwork with the state to form your LLC, so you’ll 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 resident agent in Michigan?

The cost of a resident agent in Michigan varies based on whether you choose an individual or a professional service. If you decide to be your own resident 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 resident 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 with the registered agent requirement, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Resident Agents

To change your resident agent in Michigan, you’ll need to file a “Certificate of Change of Registered Office and/or Change of Resident Agent” form with the Michigan Department of Licensing and Regulatory Affairs and submit it online or by mail. This form costs just $5 to submit.

How to Change a Resident Agent in Michigan

Changing your resident agent in Michigan requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new resident agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet Michigan’s requirements for resident agents.

Once you’ve got your new agent lined up, it’s time to file the paperwork. If you want to file online, you’ll need to log into the Corporations Online Filing System and select Form 520, “Certificate of Change of Registered Office and/or Change of Resident Agent.” Both corporations and LLCs use the same form. If you’d rather file a paper form, you’ll need to download the Certificate of Change form instead. Either way, have a payment method on hand for the $5 filing fee. No matter how you file, you’ll be asked to provide some basic information about your business, your former registered agent, and your new one.

Change of Resident Agent Requirements

When changing a resident agent, the new agent must meet the same requirements: be a Michigan resident or a qualifying business authorized to conduct business in Michigan, have a physical street address in the state, and be available during business hours.

Michigan Secretary of State Contact Information

Resignation of Michigan Resident Agent

If a resident agent needs to resign, they must notify the business and submit a “Resignation of Resident Agent” form to the Department of Licensing and Regulatory Affairs. The agent remains on file for 30 days post-resignation unless a replacement is appointed sooner.

Steps to Remove a Resident Agent

1. Notify your business: According to state law, you must send notice of your resignation to the business you’re resigning from. You should deliver the notice to the president or vice president (corporations), a general partner (limited partnerships), or a member or manager (LLCs).
2. Submit your resignation: Complete the “Resignation of a Resident Agent” form and file it with the Department of Licensing and Regulatory Affairs. If you’re resigning from a Michigan corporation or limited partnership, there’s no fee; LLC resignations cost $5. You can file by mail or in person at the addresses listed on the form or you can submit it online at www.michigan.gov/corpfileonline.
3. Fees may be paid by Visa, MasterCard, American Express, or Discover.
4. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.