Registered Agent FAQ
This registered agent FAQ is an overview of the roles, requirements, and responsibilities of a registered agent (also called a statutory agent), which are sometimes misunderstood.
Is a registered agent a legal requirement? In most states, yes, you are legally required to hold a statutory agent.
(Notable exceptions are Minnesota, which does not require a registered agent, and New York, which requires a contact address but will act as the statutory agent on behalf of your company.
) Who can act as registered agent? Typically, a statutory agent can be either an individual that resides in the state or a business entity registered to do business in the state.
If an individual, he or she can be otherwise connected to the business, but this is not a requirement.
If a business, note that a business cannot represent itself as agent; it must be another existing business entity.
What are the legal requirements of a registered agent? An individual agent must have an actual residence address; a PO box or mail center address cannot be accepted, unless in conjunction with a physical address in the state.
Additionally, the agent must be available at this address during normal business hours in order to accept service of process and other documents.
A commercial agent must be registered to do business in the state, and it also must have a physical address at which an officer of that commercial agent can accept documents during business hours.
In addition to these requirements, some states (such as Nevada) require that a commercial agent be listed with the state and registered as an official commercial agent.
(Note that any established national registered agent company is likely to already have fulfilled this registration requirement with the state.
) How can my business change registered agents? There are two main steps involved in changing your registered agent: 1) strike an agreement with your new agent in which your new representative agent accepts the role, and 2) inform your Secretary of State as to the change.
Most commercial registered agents have a website where businesses can sign up for new representation; check the terms of your commercial agent to see if this signup process encompasses all of the requirements, or if you'll need additional documentation between your business and your commercial agent.
Once your commercial agent has formally accepted the role as statutory agent, you'll need to file an article amendment or agent change form to update the state records.
Failure to do so can result in penalties; you may be fined or even dissolved if they continue to have outdated information.
Is a registered agent a legal requirement? In most states, yes, you are legally required to hold a statutory agent.
(Notable exceptions are Minnesota, which does not require a registered agent, and New York, which requires a contact address but will act as the statutory agent on behalf of your company.
) Who can act as registered agent? Typically, a statutory agent can be either an individual that resides in the state or a business entity registered to do business in the state.
If an individual, he or she can be otherwise connected to the business, but this is not a requirement.
If a business, note that a business cannot represent itself as agent; it must be another existing business entity.
What are the legal requirements of a registered agent? An individual agent must have an actual residence address; a PO box or mail center address cannot be accepted, unless in conjunction with a physical address in the state.
Additionally, the agent must be available at this address during normal business hours in order to accept service of process and other documents.
A commercial agent must be registered to do business in the state, and it also must have a physical address at which an officer of that commercial agent can accept documents during business hours.
In addition to these requirements, some states (such as Nevada) require that a commercial agent be listed with the state and registered as an official commercial agent.
(Note that any established national registered agent company is likely to already have fulfilled this registration requirement with the state.
) How can my business change registered agents? There are two main steps involved in changing your registered agent: 1) strike an agreement with your new agent in which your new representative agent accepts the role, and 2) inform your Secretary of State as to the change.
Most commercial registered agents have a website where businesses can sign up for new representation; check the terms of your commercial agent to see if this signup process encompasses all of the requirements, or if you'll need additional documentation between your business and your commercial agent.
Once your commercial agent has formally accepted the role as statutory agent, you'll need to file an article amendment or agent change form to update the state records.
Failure to do so can result in penalties; you may be fined or even dissolved if they continue to have outdated information.
