• by admin
• March 31, 2024

Do you need to appoint a registered agent in the United States when you are incorporating your business? Can you appoint yourself as a registered agent? What does a registered agent do? There are various questions frequently asked and in most cases we have seen that the client is unaware of this matter. Let’s look into the details.

A registered agent is a person or company that is designated to receive legal documents and other important correspondence on behalf of a business entity, such as a corporation or limited liability company (LLC). In the United States, most states require that every business entity maintain a registered agent with a physical address within the state where the business is registered.

 

The registered agent’s responsibilities include receiving and forwarding legal documents, such as lawsuits and subpoenas, as well as important government correspondence, such as annual reports and tax notifications. The registered agent must also be available during normal business hours to receive these documents and must promptly forward them to the appropriate person within the company.

 

Many businesses choose to use a professional registered agent service to fulfill this requirement, as it can be more convenient and efficient than designating an individual within the company to serve as the registered agent. These services typically charge a fee and provide a physical address within the state where the business is registered, as well as other related services such as mail forwarding and document scanning.

 

Services provided by a registered agent in the United States?

A registered agent in the United States provides several important services for businesses, including:

 

1. Receiving legal documents: The registered agent is responsible for receiving legal documents, such as lawsuits, subpoenas, and other official correspondence on behalf of the business. This ensures that the business is promptly notified of any legal issues or obligations that it may have.
2. Maintaining compliance: The registered agent is responsible for ensuring that the business remains in compliance with state laws and regulations. This includes receiving annual reports and other important notifications from the state government.
3. Providing a physical address: The registered agent provides a physical address for the business within the state where it is registered. This is important because many states require businesses to have a physical presence within their borders in order to do business there.
4. Document forwarding: The registered agent will forward any legal documents or other important correspondence received on behalf of the business to the appropriate person within the company in a timely manner.
5. Privacy protection: The registered agent provides a layer of privacy protection for the business. Instead of the business’s address being listed on public records, the registered agent’s address is used. This can help protect the business owner’s personal address from being publicly disclosed.

 

Overall, a registered agent plays a critical role in ensuring that a business remains in compliance with state laws and regulations and is promptly notified of any legal issues or obligations it may have.

 

How to appoint a registered agent in the United States?

 

In the United States, businesses can appoint a registered agent in several ways, depending on the state where the business is registered. Here are some common methods for appointing a registered agent:

 

1. Appointing an individual within the company: The business can appoint an individual within the company to serve as the registered agent. This person must have a physical address within the state where the business is registered and be available during normal business hours to receive legal documents and other important correspondence.
2. Hiring a professional registered agent service: Many businesses choose to hire a professional registered agent service to handle their registered agent requirements. These services typically charge a fee and provide a physical address within the state where the business is registered, as well as other related services such as mail forwarding and document scanning.
3. Appointing an attorney: In some states, businesses are allowed to appoint an attorney as their registered agent. This can be useful if the business expects to receive legal documents frequently, as the attorney can receive and handle these documents on the business’s behalf.

 

To appoint a registered agent, the business will typically need to file a form with the state where it is registered. The requirements for this form can vary depending on the state. In some cases, the business may need to provide the registered agent’s name, physical address, and contact information. In other cases, the business may need to provide additional details, such as the registered agent’s consent to serve in this role.

 

Disclaimer: Information in the blog/post/article has been presented for a broad and simple understanding. This is not legal advice. RKB Accounting & Tax Services does not accept any liability for its application in any real situations. You need to contact your accountant or us for further information.

Blogs Canada  |  Blogs USA