Does The Registered Agent Have To Be The Owner
Can a Registered Agent Be the Owner of the LLC?
A registered agent tin be whatever person with a physical address in the state where the limited liability company (LLC) was formed or a company authorized to do concern in the state. As a result, the owner of the LLC can be the LLC's registered amanuensis. However, it is more often than not not recommended.
In this commodity, we discuss what a registered amanuensis is, the requirements for beingness a registered agent, and why an possessor may not want to not serve as the LLC's registered agent.
- What Is a Registered Amanuensis
- Things to Consider as an Owner Acting as a Registered Agent
- Should Y'all Hire a Registered Amanuensis Service?
- FAQs
What Is a Registered Amanuensis?
A registered amanuensis is a person or company authorized to accept legal documents, revenue enhancement documents, official correspondence, and other important documents on behalf of your business. A registered agent is besides known equally a resident agent or statutory agent.
Nigh states require LLCs to designate a registered amanuensis. The registered amanuensis can exist a professional service, the LLC'south owner, or another individual the owner feels comfy with, as long as they meet the state'south criteria.
Registered agent services offering a number of benefits. To explore your options, check out our All-time Registered Agent Services review.
For more information on registered agents, see our guide What is a Registered Agent?
What Is the Purpose of a Registered Agent?
A registered amanuensis acts as a company's main indicate of contact for process servers and other authorities officials. Someone representing your company must be reachable at all times during business organisation hours, and the registered amanuensis serves in that role.
Without a registered agent, yous are much more probable to miss important documents from the government or a tertiary party, such as revenue enhancement documents, official government correspondence, or a summons (detect of a lawsuit). This could result in fines or other legal sanctions against your company.
When Do I Cull a Registered Agent?
In almost states, an LLC, partnership, or corporation must designate a registered amanuensis at the formation stage. Every bit such, when the company chooses a business construction, it will also be required to add together a registered agent when it files its Articles of Organization with the Secretary of State or other appropriate regime agency.
Things to Consider as an Possessor Interim equally a Registered Agent
The owner of an LLC, or any other individual, can act as the LLC'southward registered agent if they:
- Are 18 years or older
- Have a concrete address (not a P.O. box) in the state where business is conducted
- Are bachelor in person during normal business hours
Notwithstanding, there are several things an possessor should consider before deciding to act as their LLC'southward registered agent. These include:
- Privacy
- Time Requirements
For more data about being your own registered agent as well as the advantages and disadvantages of doing and so, check out our Tin can I Be My Own Registered Agent? guide.
Privacy
The physical address of a registered agent is a thing of public record. This means your home address will be listed if yous act as your LLC's registered amanuensis and work out of your home, which presents privacy concerns.
If you work out of an office and list that as the registered agent's address, this avoids some privacy concerns but adds others. In particular, you may not desire someone coming to your office in the heart of a workday and serving a lawsuit or delivering other sensitive documents in front of your employees.
Time Requirements
If yous act equally your LLC'southward registered agent, you will need to exist available every solar day during business hours to receive and sign for documents. This requires time that you could be spending on other business organisation matters.
Should You Rent a Registered Amanuensis Service?
Designating someone else to serve equally a registered agent for your LLC or corporation has its benefits. In this department, nosotros cover the major advantages of using an affordable, national, third-party registered agent service officer—like ZenBusiness or Incfile—such as:
- Compliance with the Law
- Peace of Mind
- Flexibility
- Privacy
Visit our Should I Use a Registered Agent Service guide for help with making the correct option for your business.
Compliance With the Law
One of the chief benefits of hiring a registered agent is that they will help you stay up-to-date on state regulatory requirements, such as deadlines for annual report filings. A registered agent tin also assist you keep copies of your corporate documents every bit well as help you detect accountants and attorneys.
All of these services volition help your LLC stay on the correct side of the law and avoid fines and lawsuits.
Peace of Mind
Past hiring a registered amanuensis, you tin have peace of mind that your company is coming together legal requirements that you lot otherwise would have to keep track of yourself. This allows you to focus on other priorities, such as growing your business.
Flexibility
A professional person registered agent will always exist available during business concern hours every day of the year to receive important documents. This gives yous more flexibility in choosing your own work hours.
Moreover, hiring a national registered agent service will let yous form an LLC in whatever of the 50 states.
Privacy
Hiring a registered agent will keep you from being served with a lawsuit or having to sign for other sensitive documents in person. In addition, you lot won't have to publicly list your home accost.
LLC Owner Registered Agent Frequently Asked Questions
Is a registered amanuensis necessary?
Nearly states crave yous to designate a registered agent for your LLC, partnership, or corporation when forming your business. After choosing your business organisation structure, y'all will exist expected to add together a registered amanuensis function when yous file your Articles of Organization with the Secretary of State or other official authorities bureau.
Tin the organizer of an LLC be the registered agent?
Information technology depends on the land. In some states, the organizer of an LLC can also be the registered agent.
Does Registered Agent mean owner?
No. A registered agent is a person or entity that a visitor designates to receive official legal documents such as court papers. It could be the owner, merely information technology doesn't have to be.
Tin can a registered amanuensis sign on behalf of an LLC?
A registered agent may not sign official documents on behalf of an LLC unless the LLC'southward operating agreement explicitly states that the registered amanuensis is authorized to practise then. Nonetheless, a registered agent can sign for the receipt of official documents on behalf of the LLC.
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