What is a Registered Agent?

Learn what a registered agent is and what they do.

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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 a person or 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: 

What is a registered office?

A registered office refers to the physical location, not a P.O. box, where the registered agent is available during normal business hours to receive legal notices and official correspondence from the Secretary of State on behalf of the business. This office address must be valid and accessible for the registered agent to receive documents in person.

Who Needs a Registered Agent and How to Appoint One

All states require “formal business entities” to have registered agents. This includes LLCs, corporations, and other businesses that must register with the state. 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 Articles of Organization/Certificate of Formation (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 Articles of Incorporation/Certificate 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 and general partnerships are typically not required to appoint a registered agent. Limited partnerships (LPs) and limited liability partnerships (LLPs) are required to have a registered agent because, like LLCs and corporations, they must file paperwork with the state in order to form.

Recommended: Model Registered Agents Act Definition

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. In most states, the agent requirements include: 

  • Being 18 years of age or older
  • Having a physical address in the state where the business is formed (a P.O. box or something similar isn’t sufficient)
  • 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
  • If your business address changes, you won’t have to update your registered office address
  • More privacy regarding financial, legal, and other business matters; for example, if your business is sued, you don’t want a process server showing up at your business in front of clients. With a registered agent service, any such notices will be discreetly received away from your place of business.

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, all businesses that must register with the state are required to 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 where 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 plans 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. 

Need a registered agent?

Use our professional services.

Registered Agent Definition FAQs

  • Yes, most business owners can serve as their own registered agent. Agent requirements in most states include:

    • Being 18 years old or older
    • Having a physical location address in the same state where the business is formed
    • Being available during regular office hours
  • A registered agent receives service of process (notifications of a legal action) and correspondence from the Secretary of State on behalf of a business.

  • You can change your registered agent by going to your state’s Secretary of State and completing the appropriate form. You should also notify your current registered agent that you are switching from them (whether it is an individual or a professional service). Don’t forget to also update your registered agent address.

  • A registered agent serves as the official point of contact for a corporation, receiving important legal and administrative documents on behalf of the business. Their primary role is to ensure that the corporation stays informed of any legal proceedings or official correspondence from the Secretary of State.

    The registered agent accepts service of process, such as subpoenas and notices of lawsuits, and forwards them to the appropriate individuals within the corporation. They also receive other essential documents from the Secretary of State and ensure they reach the designated recipients.

  • The registered agent of a company is not necessarily the owner. The registered agent can be an individual or an entity, such as a registered agent service. While the owner of a corporation can also serve as the registered agent if they meet the requirements, it’s not a requirement for the owner to hold this position. The registered agent’s role is to ensure that the corporation has a designated representative who can accept legal documents and official correspondence from the Secretary of State on its behalf, regardless of ownership.

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

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Written by Team ZenBusiness

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