Registered agents (generally referred to as statutory agents) are, in most states, a authorized requirement for any company of LLC. Many small enterprise homeowners, particularly single-owner companies, appoint themselves as registered agent of the enterprise merely as a matter of course-but these enterprise homeowners might not be aware of what the registered agent requirement is and what the position really entails.
Registered Agent: Necessities and Duties
Within the states that do require agents (that are the overwhelming majority; notable exceptions to this are Minnesota and New York), both a person or an current enterprise entity can fill that position what is a registered agent?.
An agent of both sort is required to carry a bodily deal with throughout the state. This deal with can’t be a PO field or mail middle deal with alone; it should embrace a bodily location. If that agent is an organization or LLC:
it have to be registered to conduct enterprise within the state, both as a home or overseas entity, and
it have to be an entity separate from the entity being represented (in different phrases, a enterprise can’t symbolize itself as registered agent).
Be aware that whereas the enterprise can’t symbolize itself, any particular person proprietor of the enterprise is eligible to behave because the agent, supplied that she or he resides within the state and may present a bodily deal with.
Business Agents vs. Particular person Agents
Whereas a statutory agent can legally be both a enterprise or a person, for small enterprise homeowners, there are two important points that lead many small enterprise homeowners to pick out a industrial registered agent:
Privateness concerns-since a registered agent’s bodily deal with is a matter of public report, a small enterprise proprietor working out of his or her home is actually giving that home deal with out freely to anybody who is aware of the right way to seek for it (learn: anybody who is aware of the right way to discover the Secretary of State’s website).
Organizational issues-when your enterprise mail is combined in along with your private mail, the probability that an essential doc is combined in along with your kid’s homework rises dramatically.
Change Registered Agents
For those who’ve determined to maneuver from a person agent to a industrial one, there are two important steps concerned:
Acquire permission out of your new registered agent
Replace your data with the state
Step one is clear, however some small enterprise homeowners overlook the formality of notifying their Secretary of State. Remember that as a registered enterprise, it’s your duty to make sure that you replace your data with the state, both by way of amending your articles or submitting a registered agent change form-whichever is acceptable in your state.