Get a Wisconsin Registered Agent

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

What is a Wisconsin registered agent?

A registered agent is an individual or company that is designated by the owners of a business to receive important legal documents on behalf of the business. This role helps ensure that the appropriate people within a business are notified in person during time-sensitive events, such as service of process for lawsuits. The agent also receives important notifications from the state, such as garnishment notices against employees, notices of the annual report due dates, and tax notifications.

Who can be a registered agent in Wisconsin?

According to Wisconsin Statute 183.0115, every Wisconsin limited liability company must continuously maintain a registered office in the state and a registered agent; Wisconsin corporations and other state-registered business types have similar statutes.

Here are the basics of the Wisconsin registered agent requirements your agent choice needs to meet:

• An individual who’s a resident of the state OR
• A domestic corporation, nonprofit, LLC, limited partnership, or limited liability partnership OR
• A foreign version of the the above business entities that has authority to transact business in the state

Whether the agent is an individual or a business, the registered agent needs to have a physical address listed as their registered office address. The registered office can be the same as the company’s business address, but it doesn’t have to be.

The registered agent needs to be present at that listed address during all normal business hours. That way, there’s always someone present to accept legal documents.

Benefits of Using a Wisconsin Registered Agent Service

Opting for a registered 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 registered agent, you’ll be required to stay at the registered office during all normal business hours, which makes meeting up with clients, going on vacation, etc., difficult. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

Also, 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 Wisconsin registered agent appointed?

A registered agent is initially appointed when forming the business. You must name your registered agent when you complete the official paperwork with the state to form your business, so you need to decide who your registered agent or registered agent service will be before you begin that process. Of course, you need to be sure to inform whomever you’re appointing as your agent. 

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

The cost of a registered agent in Wisconsin 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 with the registered agent requirements, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

Wisconsin actually gives you two methods to change your registered agent: filing the “Statement of Change” form or updating the registered agent’s information when you file your Wisconsin annual report.

During most of the year, you’ll need to file the “Statement of Change” form to change your agent. This form can be filed online or by mail, and it costs $25 to file. That said, if your agent change matches up with the due date of your annual report, then you can simply change your agent in tandem with that filing. This filing also costs $40, but keep in mind that filing fees are subject to change.

How to Change a Registered Agent in Wisconsin

Changing your registered agent in Wisconsin 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 Wisconsin’s requirements for registered agents.

After you’ve picked an agent and gotten their consent, it’s time to file the paperwork. It’s most common to file the “Statement of Change for Registered Agent and/or Registered Office” form with the Department of Financial Institutions. You can submit this form online or by mail year-round. The form will ask for some basic information about your business, the agent who’s being replaced, and the new agent. You’ll need to pay the $25 filing fee.

If you’re not in a rush to change your agent and you’d like to avoid filing extra paperwork, you can simply update the agent when you file your annual report for the year. All you’ll need to do is fill out your annual report forms as usual, but when you get to the registered agent section, fill that section with your new agent’s information instead. If you’ve passed the filing period for your annual report (or it’s months away), you’ll need to use the Statement of Change instead.

Change of Registered Agent Requirements

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

Wisconsin Secretary of State Contact Information

Resignation of Wisconsin Registered Agent

If a registered agent needs to resign, they’ll need to file the “Resignation of Registered Agent” form with the Wisconsin Department of Financial Institutions. After the form is filed, the agent will be kept on file for 60 days or until a replacement is appointed (whichever is sooner).

Steps to Remove a Registered Agent

1. Notify your business: While Wisconsin law doesn’t require you to notify your business that you’ll be resigning (the state will forward your resignation to them), it’s recommended that you do so. It’s a small professional courtesy, and the notice can help the business seamlessly appoint a replacement. Plus, the sooner they get an appointment set, the sooner you’re officially resigned from being their agent.
2. Submit your resignation: Complete the “Resignation of a Registered Agent” form and submit it to the Department of Financial Institutions along with the $10 filing fee.
3. 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.