When you register a business in Maryland, whether it's a corporation, limited liability company (LLC), or foreign (out-of-state) entity, you need a registered agent. Known as a resident agent in Maryland, this role plays a critical role in effective communication between businesses and the state. Here’s how to get one.
What is a Maryland registered agent (resident agent)?
A Maryland resident agent serves as a liaison between your business and the government or state and legal entities. Their job is to receive and forward important documents like tax notices and service of legal documents (such as a lawsuit) sent to your company.
In Maryland, registered agents are generally referred to as resident agents. These terms are often (but not always) interchangeable.
According to Maryland Code, every Maryland corporation and LLC must continuously maintain a resident agent with a Maryland address that is open during standard business hours. This ensures that every business can be reached at a predictable and publicly available location for service of legal notices and important government correspondence.
Who can serve as a resident agent in Maryland?
A Maryland resident agent must be one of the following:
- An adult Maryland resident
- A Maryland LLC
- A Maryland corporation
Note that a business cannot serve as its own resident agent, but an individual owner or employee may serve as the resident agent if they meet the requirements.
Can I be my own resident agent in Maryland?
Yes, although a business can’t serve as its own resident agent, you or another employee can serve as your business' resident agent if the requirements are met. That said, you may prefer to hire a professional service for the security and flexibility.
Below are some of the benefits and drawbacks of being your own agent.
| Pros of being your own agent | Cons of being your own agent |
|---|---|
| No additional cost | Must be available at the registered office during regular business hours |
| Direct control over documents | Office address becomes public record |
| Immediate access to legal notices | Risk of missing important documents when traveling or unavailable |
| No third-party dependency | May appear less professional |
| Risk of being served a lawsuit at home or at your office |
Why use a registered agent service in Maryland?
Many Maryland businesses choose to employ a third-party professional registered agent to ensure compliance and gain additional benefits.
- Enhanced privacy. Professional services provide a business address that’s not your personal or professional address, confidential handling of sensitive legal documents, and protection from unwanted visitors or process servers showing up at your home or place of business.
- Reliable compliance. You’ll have access to automated reminders for important deadlines and backup storage to ensure nothing is missed.
- Flexibility. A service allows you to travel freely during business hours, work remotely and flexibly, and focus on running your business.
- Document management. Professional agent services like LegalZoom offer digital scanning and storage and text or email notifications when important documents arrive.
How to appoint a Maryland registered agent
You initially appoint your resident agent in Maryland when you legally form your business. This is because LLCs and corporations need to list their resident agent’s name and address on their formation documents.
However, which document you file depends on your business structure.
- For a Maryland LLC: File articles of organization. Include your resident agent’s name, address, and signature. Then, pay the $100 filing fee (plus a 3% service charge).
- For a Maryland corporation: File articles of incorporation with your registered agent’s information. Pay the $120 filing fee (stock), or $170 filing fee (nonstock), plus a 3% service charge.
- For a non-Maryland corporation or LLC: File a foreign corporation qualification or foreign LLC registration along with your Maryland resident agent’s name, address, and signature. Pay the $100 filing fee and 3% service charge.
You can file your formation documents online no matter which type of entity you register. Start by making an account with Maryland Business Express’ online filing portal. Then, select the business-registration service.
Or, you can use LegalZoom’s business formation service and we’ll take care of the paperwork for you.
How to change your Maryland registered agent
If you’ve already registered your business with yourself as your agent and want to switch to a professional service, or if you want to change the service you’re currently using, the process is simple. File a resolution to change resident agent/principal office and include your new agent information along with a $25 filing fee.
You can also submit this form online through the Maryland Business Express portal. If you choose to use LegalZoom as your resident agent, we’ll take care of the paperwork and the filing fee at no extra cost to you.
Why choose LegalZoom as your Maryland registered agent?
We’ve spent more than 20 years helping people start their businesses, and we’ve seen it all when it comes to ever-evolving compliance requirements. As your registered agent, we stay on top of changes in state requirements and send alerts when we receive important correspondence, so you’ll never miss a beat.
Here are some of the perks of using LegalZoom’s Rosedale-based resident agent service:
- Added privacy. Critical legal notices come to our address instead of your home or workplace.
- Time-sensitive alerts. You’ll receive alerts for important and time-sensitive mail.
- Guaranteed availability. Our Rosedale office is open during normal business hours to receive official mail and meet legal requirements.
- Digital storage. Our service includes unlimited secure cloud storage so you can access critical business documents anytime, from anywhere.
- Junk mail filtering. You only get the information that matters, and skip the stuff you don’t need.
- Seamless transition services. If you want to make us your new registered agent, we'll cover any fees and take care of the paperwork at no additional cost to you.
FAQs about Maryland resident agents
Is "resident agent" the same as "registered agent" in Maryland?
Yes, these terms are often referring to the same thing for most Maryland businesses, although the state’s official term for the person who receives service of process is “resident agent.” Other states refer to this position as an “agent for service of process” or “statutory agent.” The term “registered agent" in Maryland can mean something slightly different if your business is an investment firm or broker dealer.
Can I use a P.O. box as my agent address?
No, Maryland law requires resident agents to have a physical street address within the state since certain types of legal notices must be handed to a live person to comply with court requirements. P.O. boxes aren’t acceptable for your resident agent’s address.
Does the agent need to consent in writing?
Yes, Maryland law requires that resident agents provide written consent before being appointed. This consent is typically just a signature on your business formation documents or agent-change forms.
Do out-of-state companies need a Maryland agent?
Yes, foreign entities (businesses formed outside Maryland) that conduct business in Maryland must appoint a resident agent with a Maryland address as part of their registration to do business in the state.
What happens if you don't maintain a registered agent in Maryland?
Without a resident agent, your business can lose its good standing, lose important documents in the mail, and even risk dissolution if you don’t replace your agent in a timely manner.
How long does it take to appoint or change an agent?
Appointments and changes filed through Maryland Business Express are processed within four to six weeks for standard filings by mail, but you can expedite the process for an additional fee. Online filings are considered expedited and typically processed within seven days.
Does my registered agent’s address appear on public record?
Yes, the resident agent's address appears on public records maintained by the Maryland State Department of Assessments and Taxation, which is why many businesses use professional registered agent services to keep their personal addresses private.
Can a Maryland LLC serve as its own registered agent?
No, Maryland law specifically prohibits an LLC from serving as its own resident agent. However, an individual (such as an owner or employee) can serve as the resident agent for their own LLC, and a separate Maryland corporation or LLC can serve as the resident agent for another business entity.
What happens if my registered agent resigns?
If your registered agent resigns, appoint a replacement as soon as possible to maintain compliance. Professional registered agent services typically provide advance notice before any resignation and may help you find a replacement service.
Carter Giegerich contributed to this article.
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