What is a Registered Agent?

What is the definition of a Registered Agent? What does a Registered Agent do? Do I need a Registered Agent for my business?

Virtually all states require formed or foreign qualified companies to have a Registered Agent in their state.

The Registered Agent (also called an Agent of Record, Resident Agent, or Statutory Agent) is responsible for receiving important compliance, tax, and legal documents on behalf of the business, including Service of Process notifications (sometimes called Notice of Litigation), which is the document that initiates a lawsuit.

Registered Agents also receive and process important mail sent by the state, such as annual reports or statements, as well as tax documents sent by the state's Department of Taxation.

Proper and timely handling of these documents are vital, as failing to meet deadlines or providing incomplete or inaccurate information can result in significant adverse consequences to your business, including fines, late fees, and potentially losing your good standing designation in the state.

Another requirement is that the Registered Agent must have a physical presence and address is the state (P.O. boxes are not allowed), and be available every weekday during normal business hours to receive state/legal documents.

Additionally, the Registered Agent's address is a matter of public record, which means that anyone has access to it. In states that do not require a company's legal address to be included in the incorporation or qualification documents, the Registered Agent's address is the only address on file with the state for that company. (Keep in mind, because the information on the incorporation documents is public record, marketers also have access to it. In states where the company’s legal address is not included, the only address the marketers can access is the Registered Agent’s address.)

How do Registered Agent services differ?

Not all Registered Agent service providers are the same, nor do Registered Agent providers offer the same level or quality of service. If you are comparing Registered Agent providers on price, be sure to also compare what is included in their service for that price. Many lower cost providers charge extra for services you need, and that other providers include in their advertised fee. You may think you're getting a deal but you wind up paying more. Also, cut-rate providers could end up costing you significantly more. One late filing or inadequate/incomplete response to a legal or state request could result in a significant fine, or worse. Your company's good standing is far too important to hand over to the lowest-priced provider. Instead, choose a Registered Agent provider with a strong history of providing compliance services to companies, and one that operates its own nationwide network of Registered Agent offices with professionals who are compliance experts in their respective states.

Learn about the BizFilings Registered Agent Difference and see why BizFilings is the most trusted online Registered Agent service provider in the country.

Acting as your own Registered Agent vs. utilizing a Registered Agent service provider

Individuals are allowed to serve as the Registered Agent for a business provided they meet certain requirements, such as maintaining a physical address in that state and being accessible each weekday during normal business hours. Because of the complexities of compliance requirements, time commitment, and business as well as financial risks of non-compliance, however, many business owners - even the smallest ones - choose to use a Registered Agent provider so they can instead focus on building their business.

Service of Process

The professional and prompt handling of Service of Process (notice of litigation) is a critical function of your Registered Agent service provider and deserves further discussion. Failure to reply fully, accurately, or on time to a Service of Process can result in a default judgment issued against your company. A default judgment means the other party is declared the winner, with your company being forced to pay up to the full damages outlined in the Service of Process.

BizFilings handles Service of Process with the utmost speed and professionalism. Unlike other providers, BizFilings acts immediately and discreetly on your behalf, notifying you via email of the development, and scanning the Service of Process into your secure online account for instant access and for easy forwarding to other parties, such as an attorney. BizFilings' Customer Service Team is also available to help answer any questions you may have about Service of Process, and will advise you of required response deadlines.