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One of the most important legal requirements for LLCs is having a registered agent. LLCs that fail to comply can face serious legal consequences.
This article will help you get up to date on the registered agent requirements in different states. It will also help you learn more about the pros and cons of acting as your own registered agent.
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When you create an LLC, one of the most important requirements is to appoint a registered agent. Every LLC needs a registered agent to be compliant with state laws.
A registered agent is responsible for receiving documents and legal notices for a company. Companies can appoint a company or a person as a registered agent. You can even serve as your own registered agent.
Registered agents are responsible for receiving various types of mail or notices, such as:
Failure to have a registered agent can cause you to miss important notices. You can also face fines and penalties for failing to maintain a registered agent.
Although state laws vary, every state requires an LLC to have a registered agent. States may have various types of requirements, such as maintaining state residency and having a physical address. Some states may allow you to use a P.O. box, although this is generally not a good idea.
Every state also allows you to act as your own registered agent. However, it’s important to review all regulations and make sure you will be available to receive important legal notices.
If your business wants to stay compliant with state laws and avoid administrative dissolution, having and maintaining a registered agent is a must. Some of the main benefits of having a registered agent are as follows:
Privacy: Having a registered agent can help you keep your home address private. Moreover, you won’t have to worry about receiving junk mail at your house if you use a registered agent service.
Easy to Maintain: If you are planning to move and use your address as a registered agent’s address, you will need to update this information. If you fail to notify the state on time, you can face penalties.
Multiple State Expansion: One of the benefits of using a registered agent service is that they offer services in multiple states. If you plan to expand to different states, this option can be very convenient for your business. Registered agents can help you5 follow all state requirements and keep this information on one online platform.
Affordability: Registered agent plans are not very expensive and provide many valuable services. Some LLC formation services even offer registered agent services for free during the first year.
If you decide to use a registered agent, the next step is to find the best option for your business. Forbes has a list of several registered agents that offer affordable services for small businesses.
| Company | Forbes Rating ( 1-5) | Annual Cost |
|---|---|---|
| InCorp | 4.9 | $129 |
| Northwest | 4.8 | $125 |
| Harbor | 4.4 | $99 |
| Bizee | 4.1 | $119 |
These companies all have relatively cheaper plans, as many registered agents charge over $200 per year. You may also want to take a look7 at the registered agent market share to see which companies are most popular in certain states.
Failing to maintain a registered agent can be a very costly mistake. States may fine you, and your business can suffer a reputational risk from these penalties.
Below are some of the issues you can run into:
At a certain point, your company may also face the risk of dissolution if it does not comply. This is why it is crucial to have an accurate registered agent at all times.
Many smaller companies often choose to opt out of using a registered agent. If you decide to do this and don’t want to use your address, you can use9 a friend or relative’s address. This is a very cost-effective option for small business owners who can’t use their home address. Moreover, you may feel more comfortable using a trusted friend or family member rather than a registered agent service.
However, it is important to ensure that this person can continue to maintain this address and receive mail during business hours. It is also crucial to inform this person of their responsibilities and ensure they are fine with their address being publicly listed.
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