Unless you operate a sole proprietorship or general partnership, you must designate an agent for service of process with the California Secretary of State. Also known as a registered agent or statutory agent in other states, this is a person or corporation that essentially acts as the official, legal point of contact for your business.
Whether you’re forming a business or already authorized to operate in The Golden State, it’s crucial to understand the requirements of a registered agent in California. Learn all the details here, including what a registered agent does, how much one costs, and if you can serve in the role yourself.
What is a registered agent in California?
In California, a registered agent is known as an “agent for service of process.” (We’ll use both terms throughout this article.) An agent for service of process is an individual or a company designated by a business entity to receive official legal documents. They are essentially a legal liaison between the general public and the business authorized to operate in California.
What does a California registered agent actually do?
The agent's duties are to:
- Receive legal service of process, such as lawsuit papers and subpoenas, either from other businesses or from government agencies
- Notify the business owner of documents and mail received, and forward them promptly
It’s crucial to maintain an agent for service of process not only for compliance with California law (specifically California Corporations Code, Sections 17701.3 and 1701) but also to ensure that you receive legal documents in a timely manner.
For example, if your agent has resigned and you don’t designate a new one, or if the agent can’t be found at their office address, the courts can conduct process service with the Secretary of State’s office, which means your paperwork will be served there. The Secretary of State will then forward the documents via certified mail to your business’ principal office. This may result in delays that can affect your ability to respond to legal documents promptly or even lead to default judgments.
Why is a registered agent called an "agent for service of process" in California?
While other states describe registered agents as receiving both legal paperwork and official government correspondence, California is unique in that registered agents focus on the legal side of things. A California agent for service of process typically only receives legal paperwork, such as lawsuits, subpoenas, and court orders.
In some cases, they might receive other official documents like government-related notices, such as a legal action taken by the California Department of Revenue regarding a business’ taxes. Correspondence from the Secretary of State, such as statement of information deadline reminders, is usually sent to the business’ principal office address or the email address on file—not to the agent for service of process.
Do I legally need a registered agent in California?
Any business entity required to register with the California Secretary of State must appoint an agent for service of process, including corporations, limited liability companies (LLCs), limited partnerships, and limited liability partnerships. Other business entities such as general partnerships and sole proprietorships do not file official formation paperwork with the Secretary of State, so they aren’t required to maintain an agent for service of process.
What happens if I don't have a registered agent in California?
Not designating and maintaining a registered agent in California may mean that your business suffers the following consequences:
- Denied formation documents. If you don’t designate an agent for service of process on your formation paperwork, such as your articles of incorporation or foreign corporation statement and designation, your request to form a business or operate in California will be rejected by the Secretary of State.
- Inability to defend lawsuits. Without an agent for service of process, you’ll risk missing important and time-sensitive legal documents, which could lead to default judgments by the court.
- Suspension of your business. Registered agent information is required on every business’ statement of information in California. So, failure to update registered agent information on this biennial report—or file it altogether—may result in the Secretary of State suspending your business.
- Suspended businesses may lose good standing. If your business is suspended, it may lose its good standing status, which may keep you from entering into contracts, seeking funding, or opening business bank accounts. Learn more about reviving your business from the California Franchise Tax Board.
When do I need to appoint a registered agent for my California business?
You’ll appoint a registered agent in the formation paperwork for your California business. Foreign businesses looking to operate in the state will designate a California registered agent on their foreign qualification paperwork: statement and designation (corporations) or application to register (LLCs).
Who can be a registered agent in California?
An agent can be a person or a company that provides agent services, but they must meet certain requirements.
Individual agents must:
- Be a California resident
- Have a physical street address in California
- Be available during normal business hours to accept service of process
- Maintain a street address in California (not a P.O. box, a private mailbox, or mail service)
Corporate agents must:
- Be a corporation authorized to conduct business in California and be in good standing with the Secretary of State
- Complete Form 1505 (and pay the state fee) to register as a corporate agent before offering services
- Maintain active status with the California Secretary of State.
- List (on Form 1505) all the people at the registered office address who are authorized to receive service of process for the business.
- Maintain a street address in California (not a P.O. box, a private mailbox, or mail service).
Can I be my own registered agent in California?
Yes, you can be your own registered agent in California if you’re a resident with a physical street address in the state, but there are some drawbacks to consider:
- You’ll need to be at the registered office address (either your business office or home office) during regular business hours—typically Monday through Friday, 8 a.m. to 5 p.m.
- Traveling for personal or professional reasons may result in missed legal notices or documents.
- Your address will become public record as the registered agent (a potential concern for home-based businesses).
- There’s a risk that employees, clients, or family members will witness legal documents being served.
Can a family member or friend serve as my California registered agent?
You can designate any individual, including a family member or friend, as long as they meet the California registered agent requirements and consent to the responsibility. As with considering being your own registered agent, it’s important to determine if the potential benefits of appointing a friend or family member outweigh the risks.
What is a 1505 corporate registered agent in California?
There are two types of registered agents in California: individual and corporate agents. While both can serve as your business’ agent for service of process, corporations have an extra step to become eligible. Any active corporation that is authorized to conduct business in California must file Form 1505, “Registered Corporate Agent for Service of Process Certificate.” Approval of this form by the Secretary of State officially authorizes a corporation to accept legal service of process for another business entity.
Corporations can file Form 1505 online through their Bizfile Online account ($30 filing fee), or they can download and fill out the PDF version of the form ($45 filing fee) and send it to:
Secretary of State
Business Programs Division, Business Entities
1500 11th Street
Sacramento, CA 95814
How much does a registered agent cost in California?
California registered agent costs vary depending on the types of services offered, but generally speaking, they range from $100 to $300 per year.
What's included in California registered agent service fees?
California registered agent service fees include standard services such as accepting legal service of process and forwarding it on. But besides receiving legal notices and documents, your California registered agent may also offer additional services:
- Document scanning. Get access to digital files of important records and documents.
- Mail forwarding. If your registered agent receives any business-related mail or government correspondence at their office, they’ll send your business mail wherever you need it.
- Time-sensitive alerts. Find out right away when important documents arrive.
- Junk mail filtering. Your agent for service of process will keep your business correspondence focused on what you need to address, not throw away.
For reference, LegalZoom offers registered agent services for $249 per year, which includes document management, compliance alerts, and privacy protection for your personal information.
Are there free registered agent options in California?
In your search for an agent for service of process in California, you might come across corporations offering free registered agent services. These types of “free” services may advertise no upfront fees, with annual pricing beginning in the second year, or free registered agent services only if you select monthly or annual plans that simply include a registered agent. Be wary of free registered agent options, as they can have hidden fees or higher prices overall compared to other professional services.
How do I choose the best California registered agent service?
When choosing a California registered agent service, it’s important to look for one that offers the services your business needs not only to stay in compliance with state law, but also to thrive.
Why choose a professional registered agent over being my own in California?
While you can appoint yourself or someone within your company to act as an agent, you may want to hire a professional for the following reasons:
- Legal compliance. An agent for service of process must be available at their listed physical address during business hours, so professional agents have staffed offices specifically to meet this requirement. This is especially helpful if your business is organized in another state but operates in California. It also helps if you travel frequently or if your business operates outside normal hours.
- Privacy. When you file documents with the California Secretary of State, all the information becomes public record—including the name and address of your agent for service of process. This is a bigger concern for individuals who run home-based businesses. In these cases, designating yourself as the registered agent will publicize your home address for service of process.
- Professionalism. Legal documents, court summons, and other official correspondence go directly to your agent, which eliminates potential awkward moments when sensitive paperwork arrives at inconvenient times or in front of customers and clients.
What should I look for in a California registered agent company?
Here’s what to look for when searching for the best California registered agent service:
- Authorization from the Secretary of State to accept legal service of process on behalf of your business (you can confirm with the company that it has an approved 1505 form)
- Physical California office with a physical street address
- Same-day scanning of important documents and official notices at no extra cost
- Secure online storage of all scanned documents
- Compliance alerts for upcoming deadlines, such as your statement of information
- Assistance with paperwork to designate a new registered agent (if you previously used a different service)
- Multistate presence so that you can expand operations to new states
How do I change my registered agent in California?
It only takes one form to change your agent for service of process in California.
What form do I file to change my registered agent in California?
In California, there is no separate “change of registered agent” form as there are in many other states. To designate a new agent for service of process, all you need to do is file or update your statement of information.
For context, every corporation and LLC is required to submit a statement of information (also called an annual report in some states) every other year. This is where you’ll update any details about your California business, including your agent for service of process. If you need to change your agent information before it’s time to submit your report, you can simply file an amended statement of information at any time.
- Where to file: Online through your Bizfile Online account (paper forms are not available)
- Cost to file: No fee if submitting an amendment between filing periods to note a change of information. If updating during your required business filing period, a statement of information costs $25 for for-profit corporations and $20 for LLCs and nonprofits.
How long does it take to change a registered agent in California?
You can check the processing time frame for statements of information on the Secretary of State’s website. Typically, online submissions are processed within five business days.
How does LegalZoom's California registered agent service work?
LegalZoom makes it easy to get an agent for service of process in California. Simply tell us your business name, share some basic information, and let us help you complete the paperwork with the California Secretary of State.
With our registered agent service, someone will always be on-site at our Glendale, California, registered office to accept service of process and other important documents, helping you stay fully compliant with state law and maintaining your privacy. When one of our professional agents receives paperwork for your business, we’ll send you an alert via email, then scan and upload the documents to your secure online portal. You can access your portal anytime, anywhere.
What makes LegalZoom's registered agent service different for California businesses?
Here’s what sets LegalZoom apart from other professional registered agent services:
- Transparent pricing. You won’t be surprised by any hidden fees. Everything we offer is included in your annual cost.
- Compliance tracking. We offer built-in compliance tracking with automatic filing deadline alerts for your business’ biennial statement of information.
- Unlimited cloud storage. There’s no limit to how many documents you can have stored.
You can also add on to your registered agent service with other integrated business services LegalZoom offers:
- Corporation or LLC formation services
- Business license management
- Compliance coverage for filing biennial reports
- Attorney legal advice plans
Choose LegalZoom for your California registered agent and unlock peace of mind that time-sensitive legal matters will be taken care of.
California registered agent FAQs
Can an LLC be its own registered agent in California?
No, an LLC’s registered agent must be an individual or a qualified corporation approved by the Secretary of State.
Do I need a California address to have a registered agent in the state?
You don’t necessarily need a California address to have a registered agent in the state; however, your registered agent must have a street address in California. This is the physical location where the agent for service of process will accept legal correspondence and documents on behalf of your company.
If you’re serving in the agent role yourself, you do need a physical street address in California.
What's the difference between a registered agent and a business address in California?
A registered agent’s address is where legal documents will be received on behalf of your company, whereas a business address is your principal place of business (such as your home address or an office address).
If you’re serving as your own registered agent, then your registered office address and business address may be the same. Just keep in mind that registered agent information is part of the public record in California.
How often do I need to update my registered agent information in California?
If your current registered agent resigns or you decide to change agents, you will need to report that change to the Secretary of State. Immediately update your statement of information through your Bizfile Online account. If the change occurs near the deadline to submit your biennial statement of information, then you can simply file your report at the required time.
Can I use my registered agent's address as my business address in California?
This is generally not recommended. Your business address will be used on contracts, tax documents, business licenses, advertisements, banking information, and other business documents. It’s important to have a separate address for vendors and customers to contact you distinct from where California government correspondence can be sent.
What happens if my registered agent receives a lawsuit on my behalf?
If your registered agent receives a lawsuit on your behalf, they must accept it and notify you immediately. Most professional services will scan the document, then email or upload it to a secure portal for you to access. Once you receive the document, it’s up to you to take action. If you need assistance with legal matters, consider signing up for LegalZoom’s business attorney plan.
Miles Almadrones contributed to this article.