Get a Tennessee Registered Agent

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

What is a Tennessee registered agent?

The term “registered agent” refers to an individual or business that is designated by the LLC to receive important legal documents on behalf of the company. This position is necessary for ensuring that the correct people in an LLC are notified in person when there are time-sensitive events, such as service of process for lawsuits. The agent also receives important notices from the state of Tennessee, such as garnishment notices against employees, notices of annual reports, and tax notifications.

Who can be a registered agent in Tennessee?

All Tennessee LLCs must continuously maintain a registered office in Tennessee. The registered office may, but need not be, the same as any of the LLC’s places of business (T.C.A. § 48-249-109(a)(1)).

All LLCs must also maintain a registered agent with a business address at the same street address as the registered office. The registered agent may be:

• an individual who resides in Tennessee;
• a Tennessee for-profit or non-profit corporation, LLC, or registered limited liability partnership (LLP); or
• a foreign (out-of-state) for-profit or non-profit corporation, LLC, or registered LLP that is authorized to transact business in Tennessee (T.C.A. § 48-249-109(a)(2)).

Benefits of Using a Tennessee Registered Agent Service

Technically, you are allowed to serve as your own registered agent if you meet all of the criteria covered above. That said, opting for a registered agent service offers a plethora of 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. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

More importantly, a professional registered 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 registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How is a registered agent appointed in Tennessee?

You must name your registered agent when you complete the official paperwork to form your LLC, so you need to decide who your registered agent or registered agent service will be before you start that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission to serve in the role of registered agent. 

How much does it cost for a registered agent in Tennessee?

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

Cost of Changing Registered Agents

Tennessee currently offers two methods to change your registered agent: filing the Registered Agent Change form online or by mail (or an in-person drop-off if you live or work in Nashville). If you file using a paper form, you’ll pay just $20 for this change. Online filings have a small convenience fee, bringing the total cost to $22.25. These fees are subject to change.

How to Change a Registered Agent in Tennessee

Changing your registered agent in Tennessee 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 registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, make sure you obtain their consent and verify that they meet Tennessee’s requirements for registered agents.

Once you’ve picked an agent and gotten their consent, it’s time to file the paperwork to change the registered agent. To start, you’ll need to decide whether you’ll file online or using a paper form. If you opt for a paper form, you’ll need to prepare a check or money order for your payment and download the Registered Agent Change form from the Secretary of State website. After you fill it out, you’ll need to mail it in or drop it off in person.

If you opt for online filing, you’ll log in to the state website, input the requested information, and then pay by credit card or e-check. Remember, there’s a small convenience fee for online filings.

Change of Registered Agent Requirements

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

Tennessee Secretary of State Contact Information

Resignation of Tennessee Registered Agent

If a registered agent needs to resign, they need to notify the business they represent and then file a “Resignation of Registered Agent” form with the Tennessee Secretary of State. After your resignation is processed, the business will have up to two months to get a replacement appointed and stay compliant.

Steps to Remove a Registered Agent

1. Notify your LLC: Inform your LLC in writing that you’ll be resigning. Under state law, you need to send your formal resignation via certified mail before you file resignation paperwork with the state.
2. Submit your resignation: Complete the “Resignation of a Registered Agent” form that matches your entity’s business type and submit it to the Secretary of State along with the filing fee ($20 for paper forms and $22.25 for online filing).
3. Hand off your responsibilities: Help your LLC transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the LLC’s good standing.