How Do I Know Who Is My Registered Agent
When yous class a corporation or an LLC, you'll be asked to name a registered agent. But what's a registered amanuensis and what do you lot need to know to cull one?
If yous're forming a corporation or a limited liability company, you'll need to select a registered agent for your business and provide the agent's name and address on the formation documents you file with the state.
Here'due south what you demand to know before you lot choose an amanuensis.
What Is a Registered Agent?
When someone sues a business concern, they must notify the concern of the lawsuit.
In some states, a copy of the lawsuit must be delivered in person to a representative of the business. In other states, it must be mailed.
To make it easier to determine who should receive a lawsuit confronting a corporation or LLC, all states require business entities to go along the proper name and address of a registered agent on file.
The registered agent is a person or entity that has agreed to exist available during business organization hours to accept lawsuits and other documents on behalf of a business.
Depending on the land you're in, the registered amanuensis may too be called a "statutory agent." The agent's business address may be chosen a "registered role," and the legal documents the agent accepts may be referred to as "process."
In add-on to lawsuits, registered agents may receive subpoenas, tax notices and other official correspondence. They are responsible for passing these documents along to the advisable person at the corporation or LLC.
Corporations and LLCs must have a registered agent in each state where they are registered to do business.
Who Tin can Deed as Registered Amanuensis?
Registered agent requirements vary slightly from state to state, but there are a few general rules:
- The agent must have a physical street address within the country – a P.O. box won't practice.
- The amanuensis must be bachelor at that address during normal business concern hours.
- In most states, the amanuensis can be an individual who is at least xviii years old, or it can be a company that provides registered agent services.
- A corporation or LLC cannot act as its own agent, but in near states, one of its employees or owners can be the amanuensis.
Should You Be Your Company'due south Registered Agent?
Naming an employee or owner to act every bit registered agent for your business organisation can save coin on registered agent fees and can give yous the comfort of knowing that legal documents will go directly to you lot.
However, acting as your own agent has numerous downsides, including:
- You can be personally served with a lawsuit at your identify of business, in front of employees and customers.
- Your name and accost will be office of your business'southward public records on file with the state. This tin be a particular concern if you have a dwelling-based business or desire to keep your information private.
- Registered agents ordinarily receive other documents, notices, solicitations and junk mail addressed to the business organization. If you don't want to sift through this mail service on an ongoing footing, you might prefer an outside agent.
- If your business changes locations or if your agent leaves the company, yous will need to update your registered agent data with the state. In the midst of a move or reorganization, small business organisation owners seldom remember to do this.
- If yous travel frequently or spend a meaning amount of time outside the office during the workday, you're won't be available during normal business hours.
- Yous can only human activity as agent in the state where you're physically located. Many businesses with a multi-state presence observe it easier to hire a company that tin provide registered agent services nationwide.
Tips for Selecting an Exterior Registered Agent
Your registered amanuensis's responsibilities don't stop with accepting lawsuits and other documents on your behalf.
The amanuensis is also responsible for getting the documents into your hands promptly. If your amanuensis neglects to do this, you lot can lose a lawsuit through default or you can be subject field to court sanctions for ignoring a subpoena.
For this reason, information technology's of import to choose an agent that is reputable and has a runway record for providing registered agent services.
Don't name your 2d cousin just because he's agreed to do it for free. Many states' business filing departments maintain a list of companies that provide registered agent services in that country.
If you are registering to practice business organisation in multiple states, consider hiring an agent that will be able to act as your agent in all those states.
Your registered agent plays an important office: ensuring that lawsuits, court documents and notices are brought to your attention promptly, and then yous can human activity on them and avoid default judgments, fines and penalties.
How Do I Know Who Is My Registered Agent,
Source: https://www.legalzoom.com/articles/how-to-choose-a-registered-agent
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