To form a limited liability company, you’ll need to choose someone to act as your registered agent. Can you choose your wife or husband? Legally, the answer is often yes, but your spouse may not be the best choice. Find out why.
updated November 21, 2023 · 4min read
Every company must have a registered agent who can accept lawsuits and other official documents on behalf of the business.
When choosing someone to act as an agent, many new business owners wonder, “Can my wife or husband be my registered agent?” The short answer is that, in many cases, your spouse is legally qualified to be your agent. But so is your next-door neighbor, your third cousin, or your auto mechanic.
Just because someone legally can be your agent doesn’t mean that they’re the best choice for the job. Before naming your wife or husband as the registered agent, you should understand what an agent does and the pros and cons of choosing your spouse.
When you form a company, you establish an entity separate from its owners. But because a company is not a person, someone has to accept legal “processes” such as lawsuits and subpoenas on its behalf. That person is the company registered agent, also called a statutory agent.
Every state requires companies to provide the registered agent's name and address in the formation documents they file with the state. In some states, the agent must sign a document agreeing to serve as agent. The company is responsible for ensuring that the agent’s address remains accurate.
An agent may be served with a document by regular or certified mail or in person. If an agent accepts a document on behalf of the company, the agent must promptly pass the document on to the company's appropriate person. This is important because there is limited time to respond to certain documents such as lawsuits.
Generally, a registered agent can be any person at least 18 years old and have a physical address (not just a P.O. box) in the state where your company is formed. That address is sometimes referred to as the registered office, though the address can be either a home or a business address. If, for example, you form your company in New York and your wife is a stay-at-home mom at your residence in Brooklyn, she can act as your agent. But if your home is in suburban New Jersey, she cannot be your agent because she does not have a physical address in New York.
Additionally, the agent must be available at that address during normal business hours.
If your wife or husband is usually out on sales calls all day, they can’t act as agent. But if your spouse is mostly in one place during the business day, he or she meets this requirement.
An agent can also be a business that provides registered agent services to different business entities.
Registered agent rules vary slightly from state to state. For the precise rules in your state, consult the state agency's website that handles business filings.
If you’ve determined that your spouse meets the legal requirements to be your company’s registered agent, there are some additional factors to consider.
Although your wife or husband may act as a registered agent, you should consider whether they are a good choice. Consider naming someone else or obtaining registered agent services from a professional registered agent company if you have concerns.
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by Jane Haskins, Esq.
Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business disp...
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