You have most likely become familiar with the concept of a “registered agent” if you have settled on a corporation or a limited liability company (LLC) as your organization’s most suitable business structure and service. You need to have a registered agent in order to complete the process of registering your company with your state. A limited liability company (LLC) requires a “registered agent.” You can choose from a variety of options to accomplish this task. If your company is operational (whether it’s an LLC, C-Corp, or something else entirely), you’ll need to appoint a registered agent. However, it is up to you to decide how you will fulfill that criterion. This article also focuses on LLC registered agent service in the states of Georgia and California<\/p>
A registered agent for a limited liability company (LLC) is a third-party representative designated to accept legal notices and other official communications on behalf of the LLC, such as notices of lawsuits and tax forms. You may hear them referred to as a resident agent or statutory agent. An organization’s registered agent might or might not be involved in day-to-day operations.<\/p>
If the LLC does not have a physical location within the state of registration, it must appoint a registered agent to receive legal notices on its behalf.<\/p>
Your LLC’s registering state must know there is always a local point-of-contact working within the state.<\/p>
A physical street address within the LLC’s state of formation is necessary, as a P.O. box is not acceptable since a real person must serve as the registered agent.<\/p>
Although it is not required by law, it is strongly advised that this crucial function be delegated to a third party. Indeed, under normal conditions, you can serve as your own registered agent. Still, having another person take on the role of receiving legal documents eliminates the risk of late deliveries or missed deadlines.<\/p>
Whether a company is organized as an LLC or a corporation, it is required by law to maintain the contact information of a registered agent in each state where it does business.<\/p>
In addition to legal proceedings, registered agents may receive tax notices, subpoenas, and other forms of mail. Depending on the jurisdiction, a registered agent may also be called a statutory agent or an agent for service of process. Titles are different in each state.<\/p>
An LLC cannot be formed without appointing a registered agent.<\/p>
Before submitting their articles of organization, LLCs should consider who they want to name as their registered agent.<\/p>
The process of selecting a registered agent for your LLC is not without its limitations and prerequisites. The following are minimum requirements for appointing a person or company as your registered agent; individual states may have additional or different requirements.<\/p>
While the specific benefits of using a registered agent service will depend on the nature of your company, you can learn more about why it’s a good idea to do so.<\/p>
A registered agent must be appointed and maintained by every limited liability company (LLC) and corporation (corporation) organized under the laws of a state or the District of Columbia that is also registered to do business as a foreign LLC or corporation in that state. A registered agent is typically required not only for corporations and limited liability companies but also for limited partnerships and limited liability limited partnerships.<\/p>
It’s the law, so you have to do this. State laws pertaining to corporations and limited liability companies typically stipulate this. It’s not up for debate. There are legal consequences for neglecting to use a registered agent.<\/p>
A registered agent may also be required by federal or state law in order to conduct business. This is in addition to the need that all corporations and limited liability companies (LLCs) with a physical address in the state to have and use a registered agent.<\/p>
For instance, the Federal Motor Carrier Safety Administration requires all interstate motor carriers to be registered and to appoint a process server.<\/p>
An out-of-state company’s registered agent ensures that the state’s governing body or a local resident doing business with the firm can reach out to the company and, if necessary, serve legal documents on the company by contacting and serving the registered agent. There are situations when a “special agency” is needed to fulfill the duties of a registered agent that are mandated by a law other than the corporate entity law.<\/p>
However, the appointment of an agent to receive legal notices is a common contractual provision as well. Each party to the contract shall designate an agent to be served with any legal process brought against it in connection with the contract and shall give the agent’s name and address to the other parties. Including this clause in the contract provides some certainty and makes it easier to steer clear of courtroom battles over technicalities. In a so-called “contract agency,” only the contracting parties have access to the agent for service of process information, in contrast to the public, who is given access to the registered agent’s name and address under the statutory registered agent requirement.<\/p>
Also, any legally binding agreement or contract can include an agency clause.<\/p>
Loan agreements, guarantees, indentures, and franchise agreements are just some of the places you might find it. It is common for a lender or guarantor to include in the loan or guarantee agreement that the borrower appoint an agent for serving of process.<\/p>
A registered agent’s primary responsibility is to accept legal notices on behalf of a company. Depending on the state, service can be made in person by a process server or sheriff, or it can be sent via certified mail with a return receipt required. (In some jurisdictions, alternative delivery methods are legal.)<\/p>
Furthermore, personal jurisdiction is necessary for a court to issue a ruling compelling a defendant to take action in a lawsuit. According to the Due Process Clause of the United States Constitution, for a court to have personal jurisdiction over an individual, serving of process must be lawful.<\/p>
However, it might be tricky to determine the correct legal contact when suing a corporation or LLC. It’s not possible for a company’s or LLC’s members to hold valid business licenses. Even if the plaintiff is aware of the authorized parties (often corporation officers or LLC management), it may be difficult to track them down. The plaintiffs should have an easier time serving process because each LLC or company is required to appoint a registered agent and the identity and location of the registered agent are a part of the public record.<\/p>
The registered agent also acts as the company’s liaison with the Secretary of State (or similar office) for the purpose of filing annual reports and other required documentation. The registered agent’s address is the one that the filing office can use to contact them with things like annual or biannual reports, notices of delinquency, and other legal documents. These legally binding notices should be delivered to the correct individual at the correct address, as businesses have a duty to maintain an accurate record of their registered agent’s name and address.<\/p>
You are eligible to serve as a registered agent if you have a physical address in the state, are at least 18 years old, and are willing to represent the company in legal matters.<\/p>
Your name and address will appear in the company’s official corporate formation documents filed with the secretary of state. Your personal details are now a part of the official state archive. Anyone can look up a company’s registered agent information.<\/p>
Having a registered agent in each state where your LLC or the corporation will conduct business is a must. A registered agent service’s principal function is to act as your company’s point of contact for the receipt and processing of legal paperwork. You must have faith that your registered LLC agent will receive these notices and contact you as soon as possible.<\/p>
However, there are a number of benefits to using a professional service provider, but how do you pick the right one? We recommend that you find and select a national registered agent service with the following features, in addition to having a genuine office in the state of your LLC:<\/p>
It is common practice for business owners to appoint appoint appoint a registered agent for their Corporation, Limited Liability Company (LLC), or Limited Partnership (LP). When submitting your articles of organization to the state, you will be required to include the registered agent’s name and address.<\/p>
Even while acting as your own registered agent is an option, there are several good reasons to choose a professional LLC service instead.<\/p>
Urgent paperwork must be dealt with right away. You may not be available during regular business hours to receive legal documents if you regularly have client and sales meetings throughout the week or if you get dragged into urgent work-related duties. If you have a registered agent, they will be able to receive all legal documents in real-time and alert you to any upcoming deadlines. If you have a reputable registered agent firm handling things for you, you can focus on other pressing matters without worrying about missing deadlines.<\/p>
Hiring an LLC registered agent service allows you to use their address in public documents such as those maintained by the Secretary of State’s office. Because the address of a company’s registered agent is public information, having a physical location for your business is especially important if you run a home-based operation. Also, the public will be able to see your home address if you serve as a company’s registered agent and provide it as the office to which legal documents and service of process should be sent. When a company is sued, the papers are sent to the registered agent instead of the corporation itself, adding an extra degree of secrecy.<\/p>