When you form your LLC, you will be asked about who you designate as your registered agent. Thankfully, most LLC formation services will manage how to assign a registered agent for you.
However, given that this is part of your company setup, it's worthwhile reviewing what a registered agent is, why you need one, and what are their responsibilities.
A registered agent is a designated individual or entity responsible for receiving legal and official documents on behalf of a business entity, such as an LLC.
In plan English.... they are the person and place who will officially receive your most important (mainly government and legal) mail for you.
Here's what you need to know about registered agents in the context of LLCs:
Legal Requirement: In most jurisdictions, including the United States, LLCs are required to designate a registered agent when they file their formation documents with the state. This requirement ensures that there is a reliable point of contact for the LLC where legal notices, service of process (legal documents related to lawsuits), tax notices, and other official communications can be sent.
Address Requirement: The registered agent must have a physical address within the state where the LLC is registered. This address is often referred to as the registered office. P.O. boxes are typically not acceptable for the registered agent's address, as legal documents must be served in person.
Responsibilities: The primary responsibility of the registered agent is to receive and promptly forward any legal or official documents to the LLC's designated contact person or members. This includes lawsuits, tax notices, annual report reminders, and other important correspondence from the state or legal entities.
Availability: The registered agent must be available during normal business hours to accept legal documents. This ensures that important communications are received in a timely manner and that the LLC can respond appropriately within any required deadlines.
Designation: When forming an LLC, the business owners must specify the name and address of the registered agent in the formation documents filed with the state. This information is publicly accessible and becomes part of the LLC's official record.
Changes: If the registered agent's address or contact information changes, or if the LLC decides to change its registered agent altogether, it must file the necessary paperwork with the state to update this information.
Professional Services: Some businesses choose to hire professional registered agent services, which are companies that specialize in serving as registered agents for multiple businesses. These services can help ensure compliance with legal requirements and provide added convenience for businesses that may not have a physical presence in the state where they are registered.
Essentially, the registered agent plays a critical role in maintaining the legal compliance and integrity of an LLC by serving as the official point of contact for legal and official communications.