A registered agent is the contact person for a corporation, LLC, or other incorporated entity. With very few exceptions, almost all states require incorporated companies to have a registered agent on file. The registered agent must be on file from the day they are incorporated, as their name and address must be present on the Articles of Incorporation.
The agent may be an individual or an existing incorporated business (one that already has a state filing date and filing number; one that is a business other than the one being formed), as long as he or she (or it ) have a physical address within the state. Every state that requires a registered agent requires a physical address; in some states a PO Box may be provided, but only in conjunction with a physical address. The name and address of this agent is generally a matter of public record; anyone can search the state database and retrieve the information.
Why should I have a registered agent?
There are two main reasons an agent is required to be registered:
- Help customers trust your business. If potential customers couldn’t count on the fact that there is at least one person directly attached to a company, it would seriously hinder the public’s ability to trust companies they would like to do business with.
- Provides the state with contact information for service of process. If a corporation or LLC is being sued, service of process may be served on the Secretary of State’s office; they should have a strong contact person who can accept this service of process, or any other correspondence, on behalf of the company.
Can I act as my own agent?
Yes, of course, as long as you have a physical address in your state. And, to clarify: you, the sole proprietor, can act as a registered agent for your business; however, your corporation cannot act as your own self agent.
Why would I need to hire a third party as my agent?
There are two common reasons for this:
- You do not have a physical address in the domestic state. This sometimes happens when someone incorporates in a state they don’t live in, or when a corporation files as a foreign corporation in a different state (a filing that would still require an agent).
- You do not want your home address made public. Since the purpose of a registered agent is to be the primary contact for the business, both to the state and to consumers, the required physical address is a matter of public record. Many home-based businesses, or businesses owned by young children, make the decision to keep their home address out of the public eye.