How Do I Choose A Registered Agent For My Llc?
When you class a corporation or an LLC, you'll exist asked to name a registered agent. Merely what's a registered agent and what exercise y'all need to know to cull one?
If you lot're forming a corporation or a limited liability visitor, you lot'll need to select a registered amanuensis for your business and provide the agent's proper noun and address on the germination documents y'all file with the country.
Hither's what yous need to know earlier you choose an agent.
What Is a Registered Agent?
When someone sues a business, they must notify the business of the lawsuit.
In some states, a copy of the lawsuit must exist delivered in person to a representative of the business. In other states, it must be mailed.
To make it easier to decide who should receive a lawsuit against a corporation or LLC, all states require business entities to keep the name and address of a registered agent on file.
The registered agent is a person or entity that has agreed to be available during business hours to accept lawsuits and other documents on behalf of a business.
Depending on the state you're in, the registered agent may also be chosen a "statutory agent." The agent's business accost may be chosen a "registered role," and the legal documents the agent accepts may be referred to as "process."
In addition to lawsuits, registered agents may receive subpoenas, tax notices and other official correspondence. They are responsible for passing these documents along to the appropriate person at the corporation or LLC.
Corporations and LLCs must take a registered agent in each state where they are registered to do business organisation.
Who Tin Act as Registered Amanuensis?
Registered agent requirements vary slightly from land to state, but there are a few general rules:
- The agent must take a physical street address inside the state – a P.O. box won't do.
- The agent must exist available at that address during normal business hours.
- In well-nigh states, the agent tin be an individual who is at least 18 years old, or it can be a visitor that provides registered agent services.
- A corporation or LLC cannot deed as its ain agent, simply in most states, one of its employees or owners tin be the agent.
Should You Exist Your Company'southward Registered Amanuensis?
Naming an employee or owner to human action every bit registered agent for your business organization can save money on registered agent fees and can requite you the comfort of knowing that legal documents volition go direct to you.
However, interim as your own amanuensis has numerous downsides, including:
- Y'all can exist personally served with a lawsuit at your place of business, in front of employees and customers.
- Your proper noun and address will be part of your business'southward public records on file with the country. This can exist a item concern if yous have a home-based concern or want to go on your data private.
- Registered agents unremarkably receive other documents, notices, solicitations and junk mail addressed to the business. If y'all don't want to sift through this mail on an ongoing basis, you lot might prefer an exterior agent.
- If your concern changes locations or if your agent leaves the company, you lot will need to update your registered amanuensis information with the state. In the midst of a move or reorganization, small business owners seldom recall to do this.
- If you travel frequently or spend a significant amount of time outside the function during the workday, you're won't be available during normal business hours.
- You can just act every bit agent in the state where y'all're physically located. Many businesses with a multi-state presence find information technology easier to rent a company that tin can provide registered amanuensis services nationwide.
Tips for Selecting an Outside Registered Agent
Your registered agent'southward responsibilities don't end with accepting lawsuits and other documents on your behalf.
The agent is also responsible for getting the documents into your hands promptly. If your amanuensis neglects to do this, you tin lose a lawsuit through default or y'all can be subject to courtroom sanctions for ignoring a subpoena.
For this reason, it's important to cull an agent that is reputable and has a track record for providing registered agent services.
Don't name your second cousin just because he'due south agreed to exercise it for free. Many states' concern filing departments maintain a list of companies that provide registered amanuensis services in that country.
If you are registering to exercise business in multiple states, consider hiring an agent that will be able to human action as your agent in all those states.
Your registered agent plays an important function: ensuring that lawsuits, court documents and notices are brought to your attention promptly, then yous can human activity on them and avoid default judgments, fines and penalties.
Source: https://www.legalzoom.com/articles/how-to-choose-a-registered-agent
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