Registered Agent

Businesses need a registered agent to comply with legal requirements and ensure timely communication regarding important government and legal correspondence.

The primary duty of a registered agent involves receiving service of process for legal matters, such as lawsuits. Having a registered agent in place can help ensure that your company remains compliant with state regulations and can promptly address any legal matters that may arise.

Legal requirements 

Nearly all states require every business entity to appoint a registered agent. This is mandatory for maintaining an active status with the Secretary of State or similar regulatory body, and the business entity filing office serves as a backup contact point for legal notices, ensuring compliance with state regulations when a registered agent cannot be located.

Without a registered agent, the business risks losing good standing with the state, which could incur fees and penalties. If there’s no registered agent to receive any service of process, you could even have a lawsuit filed against you unknowingly and be unable to respond in a timely manner. This can lead to significant legal and financial consequences, including missed deadlines that could result in legal issues and financial repercussions for the business.

Eligibility

A registered agent is an adult or authorized business that’s available during normal business hours to accept legal notices, official state mail, or service of process on your behalf. They must have a physical address in the same state where your business was formed or foreign-qualified.

A corporation's registered agent has specific requirements and responsibilities, including filing necessary paperwork with the state, ensuring trustworthiness, and possessing corporate expertise. Additionally, a registered agent must have a physical address (not a P.O. Box) within the state where the business is registered, known as the “registered office.” This location must be staffed during normal business hours so that documents can be received in person.

Frequently asked questions about registered agents

Can I be my own registered agent?

Yes, any business owner can serve as their own registered agent as long as they have a physical address in the state where the business is registered and are available during business hours to receive documents. However, there are potential disadvantages to consider, such as:

• Exposure of personal information. The registered agent’s address is listed on public records, which could be a factor for someone who wants to maintain their privacy.
• Risk of missing important documents. As a registered agent, you must be physically present at the listed location during standard business hours to accept legal documents and other official correspondence. This may create potential conflicts with your availability and could result in missed deadlines or legal ramifications.

What are the benefits of using a professional registered agent service?

Choosing a professional registered agent service with experience and expertise can take work off your plate and give you peace of mind. Registered agents handle the most sensitive correspondence about your business—you’ll want to feel confident that your privacy will stay intact, your critical mail will be kept secure, and that you’re being informed of legal notices in a timely manner.

What kind of mail does a registered agent receive?

A registered agent might receive things like legal mail (including legal service of process), official state correspondence, annual report notices, or junk mail. 

What happens if the registered agent is not available when documents are delivered?

If a registered agent is unavailable and misses a document delivery, it can result in missed legal deadlines or failure to respond to government notices, which might lead to fines, penalties, or a default judgment in legal cases. Using a registered agent service helps ensure that important mail isn’t missed.