A registered agent (sometimes referred to as a resident agent or statutory agent) is a person or entity designated to receive legal documents and government communications on behalf of a business. This role is crucial for ensuring that a business remains compliant with state regulations, maintains each entity’s good standing status, and can respond quickly to legal actions, such as a lawsuit or subpoena.
Having a registered agent is a requirement. Some businesses opt to act as their own registered agent, while others choose to outsource that responsibility to a third-party. When determining whether to fill this role in-house or outsource it, it’s important to understand the scope of why you need a registered agent, the consequences of not having one, and the requirements and impacts of each option.
Why You Need a Registered Agent
Most states require that business entities appoint a registered agent, ensuring that there is a reliable way to contact the business for legal purposes. This is particularly important for businesses that operate in multiple states because they must have a registered agent with a physical presence in each state of operation. One of the roles of a registered agent is to help ensure that the entity remains compliant with state requirements so that businesses can avoid penalties and maintain a good standing status with the Secretary of State.
Did you know? A registered agent’s address is public record. Using a registered agent allows business owners to keep their personal address private.
The Consequences of Not Having a Registered Agent
A business without a registered agent risks non-compliance with state regulations, leading to fines and penalties. Additionally, undelivered legal documents due to the absence of a registered agent can result in default judgments, where courts may rule against the business for not responding to legal notices. In some states, failing to maintain a registered agent can cause administrative dissolution. Additionally, failure to have a registered agent can cause the business to lose its good standing with the state, affecting its ability to secure financing, enter contracts, and expand operations.
Did you know? An administratively-dissolved entity may lose its business name protection, resulting in other entities being able to use the dissolved entity’s name.
Things to Consider Before Acting as Your Own Registered Agent
When considering the role of a registered agent, it’s important to understand the implications related to availability, handling of documents, address requirements, and your privacy.
- Availability: A registered agent must be available during standard business hours to receive documents. This requirement can be challenging for business owners who are frequently out of the office or have irregular schedules.
- Prompt Handling of Documents: As a registered agent, you are responsible for ensuring that legal and compliance documents are promptly handled and forwarded to the appropriate parties. Failing to do so can lead to missed deadlines and legal issues.
- Address Requirements: The registered agent’s address must be a physical address in the state where the business is registered. P.O. boxes are not acceptable, so the owner’s personal address may need to be listed publicly.
- Privacy Concerns: Acting as your own registered agent means your address will be part of public records, potentially exposing your personal information.
The Benefits of Using a Third-Party Registered Agent
Partnering with a professional registered agent offers numerous benefits, including reliability, convenience, compliance expertise, support for multistate operations, and privacy protection.
- Reliability: Professional registered agents ensure that there is always someone available to receive important documents during business hours, reducing the risk of missing critical legal notices.
- Convenience: Outsourcing the registered agent role allows business owners to focus on running their business without worrying about being available to receive legal documents.
- Compliance Expertise: Third-party registered agents are knowledgeable about state-specific requirements and can help ensure that your business remains compliant with all legal obligations.
- Multistate Operations: For businesses that operate in multiple states, a third-party registered agent can provide a consistent point of contact in each state, simplifying compliance across state lines.
- Privacy Protection: By using a third-party service, business owners can keep their personal addresses off public records, enhancing privacy and security.
A registered agent plays a crucial role in the legal and operational framework of a business. Whether you choose to act as your own registered agent or hire a third-party service, understanding the responsibilities and implications is essential for maintaining compliance and protecting your business.
Partner with EntityKeeper for All Your Registered Agent Needs
EntityKeeper enables you to simplify your registered agent operations by leveraging a single vendor to meet all your needs across jurisdictions. Connect with a Corporate Services expert for more information about designating EntityKeeper as your registered agent. Schedule a personal demo today to learn more or speak with a compliance expert.
Bonus: When you designate EntityKeeper as your registered agent, you receive a complimentary yearly entity health check to ensure each of your entities is in good standing or to identify actions that are required to attain a good standing status.
