Can You Serve As Your Own Registered Agent

When y'all incorporate a concern, there are plenty of requirements to keep rails of.

You'll need to come with the perfect business name, decide which blazon of business entity you want to course, and larn business organization licenses to operate in a compliant manner.

Another of the of import early steps for any LLC, corporation, or nonprofit corporation is to designate a registered amanuensis for your company.

Just what is a registered agent, and why do y'all need one?

The role of the registered amanuensis for an American business entity is not a terribly circuitous one, only it is an incredibly of import role that requires conscientious consideration.

Guru Tip: Nigh top-rated incorporation services offer a gratis registered agent service when using their services to create a company online. Plus, they are fast and affordable.

Getting Started

Select your country below to larn who tin be a registered agent and how to designate them. We'll prove yous how information technology works and what is required.

What Is a Registered Amanuensis?

A registered amanuensis is someone who serves a business by interim as the point of contact between that business and the state government. Maintaining a registered agent is a legal requirement for whatever and all incorporated businesses.

Most anyone tin serve equally a registered amanuensis. In fact, y'all tin can serve as your ain registered agent, you lot tin hire a business to handle this role, or you can designate another private, like a family member or friend, or perchance a lawyer or accountant.

The only existent restriction is that Colorado requires an individual registered agent to exist at least xviii years old, although no other state has an age restriction for this role. Regardless of who the amanuensis is, the registered agent must be available to accept service of process during all regular business hours.

A registered agent has a physical accost in the land, sometimes called the registered office. The amanuensis's address cannot be a P.O. Box, considering the state does not always deliver documents through the postal service. Since procedure can be served at any time, it'due south very of import that the agent is available from 9am to 5pm, every Monday through Friday.

That'southward why many professionals recommend that you hire an agent and not serve as your own.

What Does a Registered Agent Practise?

A registered agent accepts all formal written communications from the land authorities on behalf of the business.

These communications include service of process, tax documents, notifications from the Secretary of State, and more than. The agent then frontwards any relevant documents to the business in a timely manner.

This might not seem like that big of a deal — and it can even seem like an antiquated and unnecessary middleman role — simply it is an important function. And if you lot hire a registered amanuensis service, they may also assist remind yous of when certain forms are due, such as the annual report or business license renewals. Furthermore, a registered agent tin significantly cut downwardly on the junk postal service you receive, as your agent can filter out whatever spam mailers delivered to your business.

Why Is a Registered Agent So Of import?

Simply put, a registered agent is of import because it is a legal requirement. Y'all'll see significant legal trouble if you lot fail to designate or maintain a registered agent.

More specifically, the registered agent plays a vital role in facilitating the court arrangement. Here'due south how: the registered agent proves that legal process has been served. Constabulary requires that, for a example to come to courtroom, the plaintiff must be able to show that there has been a good-faith endeavor to notify the other party of the accommodate.

In theory, without a registered amanuensis, a business could deny that it always received that communication, which could stall the lawsuit indefinitely. By having registered amanuensis laws, there is proof that both parties are enlightened of the service of process — and if y'all're non, it is entirely your own fault for skirting the rules.

Can You Be Your Own Registered Agent?

The short answer? Yes. As an individual, you tin serve equally your registered agent in all 50 states. That said, even though a member or owner of the business can operate in this role, a business entity cannot act equally its ain registered amanuensis. Your registered agent can be practically anyone as long as you meet a few simple requirements.

For ane affair, as we mentioned in the previous section, the agent needs to be available during all standard business hours. In Colorado, the registered agent must as well be a legal adult at least xviii years of age who is a resident of the country.

As long equally yous also maintain a physical street address within the aforementioned land as your business concern operates, you are legally allowed to serve every bit your visitor's own registered agent. However, the questions of "can you?" and "should yous?" have entirely different answers.

Should You lot Exist Your Own Amanuensis?

Just considering you lot can serve as your own registered agent doesn't necessarily hateful that you should. In fact, we recommend that you appoint someone else to serve as your agent. That's because there are several drawbacks to serving as your ain amanuensis.

For ane thing, the address of your registered amanuensis is publicly available. So, let's say that you operate a business organization out of your own home, and you lot choose to human activity as your own registered agent. In this situation, you list your abode address equally your registered agent address, because you work from domicile.

That means that your home accost volition become a matter of public record. Similarly, if you list your business address, and so legal process tin can be served at your concern — fifty-fifty if at that place are employees or clients nowadays.

The law also requires that a registered agent exist bachelor during all regular business concern hours. This ways that the amanuensis is present at the registered address every Monday through Friday, from 9am until 5pm. If you serve equally your ain agent, this means yous have to exist at your address during all regular business hours. Y'all won't be able to exit for dejeuner, and you honestly probably shouldn't even take a bathroom suspension, because yous would risk missing a delivery.

Merely if you rent someone to be your agent, you eliminate all of those pitfalls. The agent'due south address is what's available to the public, so they go the junk mail, while your address remains individual. A hired registered agent also allows you to come up and go from your location equally needed, and yous're also able to aggrandize your business into boosted states with relative ease.

Steps to Designate a Registered Agent

The process of designating a registered agent isn't terribly complex or time-consuming. But it is important that you lot complete it correctly.

If you're forming your business organization for the first time, incorrectly designating a registered agent will lead to the state rejecting your filing. If you're naming a registered agent for a business organization that already exists, an ineligible filing will atomic number 82 to your business losing its adept standing with your state.

If you lot're forming a new business concern, the procedure is quite simple. All y'all need to do is get the registered agent's consent to serve in the role and provide proof to the state. Different states require dissimilar forms of proof. Some simply require you to include the registered agent's proper noun and accost on your formation documents, while some require the registered agent's signature.

There are even some states that require a separate "consent of registered agent" form, and some where the agent's consent needs to be notarized. Just make sure you follow your state's regulations!

If you're irresolute your registered amanuensis for an existing business, the process looks a bit dissimilar. In most states, this will involve filing a "modify of registered amanuensis" grade with the Secretary of Country, including some bones information almost your business organization and your chosen agent.

In that location are as well some states that allow businesses to indicate a registered agent alter on their annual reports. Again, observe out what your state requires and follow their instructions to the letter to ensure a compliant registered agent designation.

What Happens if I Don't Maintain a Registered Agent?

There are penalties if a business does not maintain a registered amanuensis as it should. For case, in some states, the state will administratively dissolve your business concern if you don't have an agent.

In fact, you won't fifty-fifty be allowed to comprise your business if you don't designate a registered agent, because the state volition consider your filing to exist incomplete.

Similarly, if process is served on your business and yous don't have an amanuensis to notify you, then you'll be completely blindsided. How awkward would it exist to not show up at your own court appointment? Worse than awkward — it could even spell doom for your business organisation. Maintaining an agent eliminates that possibility.

Finally, businesses without a registered agent actually lose their good standing in the land. Businesses out of compliance could, in theory, lose their corporate veil and limited personal liability, which would open their personal assets to lawsuits.

Thankfully, keeping an agent listed for your business is fairly uncomplicated (even when irresolute or resigning) so you can avoid these pitfalls.

Should I Rent a Professional person Registered Amanuensis Service?

We strongly prefer hiring a professional service to handle your registered agent function, every bit opposed to serving as your own or having a friend or family fellow member have it on. Another mutual option is to hire an attorney or accountant to be your company'due south registered agent.

Nonetheless, lawyers and accountants often charge high prices to serve as your registered agent, and they may not be experienced in the role. That's why we call back a professional registered agent service is the best option.

With a professional registered amanuensis, you'll never take to worry near missing an important certificate delivery, and you won't have to concern yourself with being bachelor at the same address during all standard business hours.

If y'all want to employ a professional service, we recommend checking out our guide to the peak online registered amanuensis services. In full general, our favorite options are ZenBusiness, Northwest Registered Agent, and Incfile. All 3 of these companies provide registered agent service for $119-125 per year, and they all likewise provide one yr of registered agent service for gratis if you lot purchase incorporation service from them.

Heads Upwardly: ZenBusiness and Northwest charge just $39 for the combination of incorporation and registered agent, while Incfile charges $0 (add your state fee to these prices).

Frequently Asked Questions

How much does it cost to designate a registered agent?

In that location is no fee for designating a registered amanuensis for a new business, every bit you'll indicate your amanuensis's name and accost on your germination paperwork. Even so, for an existing business to change its registered agent, some states do charge a filing fee for the "change of registered agent" certificate. In well-nigh states, this fee is insignificant, well-nigh e'er less than $100.

What are the potential penalties for failing to designate a registered amanuensis?

If you don't include registered agent data in your business organization formation documents, the country volition reject your filing and your business concern entity just will non exist. If you fail to properly inform the state nigh a change of registered agent for an existing business, the change will not get official and the country will keep contacting your previous registered agent, even if they no longer represent your business.

How long does information technology accept for the country to accept my company'southward registered amanuensis designation?

If you're forming a new concern, the state volition accept your registered amanuensis designation equally soon as it processes your formation documents. If you're changing your registered agent for an existing concern, it depends on how long it takes the country to process your "modify of registered agent" class.

Should I serve as my ain registered agent, hire an chaser or accountant, or use a registered agent service?

All of these are every bit viable options, and legally speaking, it won't brand a difference which one you lot choose. All the same, that doesn't mean we don't have our preferences in this surface area. Serving as your own agent (or designating a trusted friend or family unit fellow member) is the cheapest option, but as we discussed earlier, this involves making your address public, receiving lots of junk postal service, and needing to stay at your principal business accost during all standard business organisation hours.

Hiring your attorney or auditor as your amanuensis has the advantage of designating a registered agent that you already take a business concern human relationship with. Withal, these professionals often accuse very high prices for registered agent service, and they may not take much experience in the role. That's why nosotros prefer using a reputable online registered agent service similar the ones discussed before in this guide. They provide an ideal mix of affordability and professionalism that these other options don't take.

Conclusion

A registered agent's task might seem insignificant, only by accepting formal communications for the business concern, the agent fulfills a vital chore.

The registered amanuensis ensures that the country has a ways of consistently contacting an official representative of your business, which makes the legal system piece of work much more smoothly for business matters than it otherwise would.

No matter which road you lot cull — whether you lot decide to designate yourself as your company's registered agent, designate a friend or family fellow member, or if y'all choose to hire a professional registered amanuensis service — nosotros hope that this guide helped you understand more nearly registered agents. Now you're prepared to appoint the perfect agent for your business.