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Registered Agent – Who Should I Pick?

registered agentWho should be the registered agent for my LLC?

The registered agent is an important choice that must be made when forming anLLC or limited liability company.  The person you choose to be your registered agent is responsible for all the legal and tax documents that come to your company.  These include but are not limited to the following:

  • Service of Process—which is the paperwork that notifies you of a lawsuit
  • State mail —  annual reports or statements
  • Tax documents

The registered agent is required to have a physical address (not a post office box) in the state of incorporation and be available at the address to receive communication and give it to you.  You can act as your own agent and that is often the best choice.  Too often when you choose someone else there is a significant delay in receiving legal notices. If you get your own notices you can act on them immediately.  This could become very important if your LLC is served with a lawsuit. Whenever there is a lawsuit your generally have 90 days to answer.  It takes time too hire an attorney and get that written answer prepared.  If your agent does not give you notice in time your could lose the lawsuit.

If you form your LLC in a different state,  where you do not have a residence, then you cannot serve as a registered agent.  You will have to pay some company to act as your registered agent.  Take care to choose a reputable company.  Once again it is important that you get all the notices that are sent to your company. It used to be that registering in a different state was a good idea, but now most of the states have made favorable laws and it makes sense to register in your home state.  The LLC Wizard walks you through the whole process of choosing a state and picking an agent.

2 Comments
  1. I’ve form an llc in the state where I will be doing business. For privacy and to eliminate the agent fee , who should I choose to be my registered agent.

    • Derek,
      If you don’t want to pay for a registered agent then you will have to find a relative or friend in the state who is willing to act as your registered agent.

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