REGISTERED AGENT

Whether you’re a domestic or foreign entity, appointing a registered agent is mandatory when incorporating your business. You can act as your own registered agent only if you have a physical address in the state of formation. Although, the entity itself cannot be its own registered agent, another active and legally formed entity in the same state can act as the registered agent.

The purpose of a registered agent is to receive service of process in behalf of the entity. Depending on the state service may be delivered by certified mail with a self-addressed return envelope, in person by a process server or sheriff. Hence the registered agent is the authorized person to send documents to in case of a lawsuit. Valid service of process is required by the U.S. Constitution so that the court can have personal jurisdiction. The registered agent can also receive notices or reminders from the division of corporations or filing office, such as annual report deadlines, changes to filing processes or fees or any other important communication. The agent can also receive other legal notices, litigation documents and notices from other government agencies.

Change of Registered Agent - A change of registered agent is used to update one or more of the following:

  • The registered agent name
  • The physical address of your registered agent, also called the Registered Office
  • The registered agent’s mailing address
  • The registered agent’s email address if requested

A registered agent change or registered office change can be filed with a Certificate of Change or Articles of Amendment depending on the state’s statutes.

Agent Resignations - If the current registered agent on record with the Office of the Secretary of State no longer wishes to maintain this duty, he/she can resign directly with the business, requesting that the entity files the necessary change of registered agent with the Department of State. In some states the registered agent can also file a Statement of Resignation directly with the Office of the Secretary of State to be removed as the registered agent on record.