do i list my attorney as registered agent when forming llc

by Gust Leuschke 8 min read

The answer is yes. You are legally required to list a registered agent as part of your LLC or corporation. Registered Agent Legal Requirements There are a few legal requirements for a registered agent: Physical address. The agent needs to be located in the same state as your business.

Full Answer

Do I need a registered agent for my LLC?

Finally, most states require that an LLC list a registered agent in their articles of incorporation to receive documents on behalf of the company, including service of process. This registered agent can be an owner or a registered agent service. When you register your company as an LLC, you must include a name for the new business.

Where do I include the registered agent's business address on an LLC?

You must include the registered agent 's business address where mail is frequently received and reviewed, even when the person in question is unavailable. This address must be in the state where the LLC is registered; some states require you to provide a physical street address for the registered agent, not a mailbox number.

What is an an agent LLC?

An agent can also be a business that provides registered agent services to LLCs and corporations. Registered agent LLC rules vary slightly from state to state. For the precise rules in your state, consult the state agency's website that handles business filings.

What information do I need to form an LLC?

Every state requires LLCs to provide the name and address of the registered agent in the formation documents they file with the state. In some states, the agent must sign a document agreeing to serve as agent.

Who Can Form an LLC?

What are the rules for LLC?

What is limited owner liability?

Why are small businesses considered LLCs?

Why do business owners not organize as corporations?

How are LLCs formed?

How to form a limited liability company?

See 2 more

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Can I use myself as a registered agent?

You can act as your own Registered Agent for a corporation or LLC as long as you have a physical street address in the state where your corporation or LLC is formed. The actual corporation or LLC being formed, however, cannot name itself as its own Registered Agent.

What is a registered agent for LLC in NJ?

A New Jersey registered agent is an individual or business entity that acts as the point of contact for your business for: All communication with the State of New Jersey, such as the New Jersey Annual Report and certificate of good standing. Receives all service of process for the business in any lawsuit.

Do I need a registered agent in Nevada?

A Nevada registered agent is required by law for every formal business in the state of Nevada. A registered agent receives all official paperwork from the State of Nevada, they also receive any service of process a business may be served in a lawsuit.

What is a registered agent for LLC in GA?

A Georgia registered agent is a third-party appointed by a corporation or LLC for the purpose of accepting service of process, legal documents and government notifications on behalf of clients. A Georgia registered agent is a legal requirement for all business entities in Georgia.

Do you need a registered agent for an LLC NJ?

New Jersey requires a registered agent for every corporation, limited liability company (LLC), and limited partnership. A registered agent is also required for a limited liability partnership (LLP) if it does not have an office in New Jersey.

What does a registered agent do for an LLC?

A registered agent is a person or service who will receive legal documents on behalf of your business, such as subpoenas, regulatory and tax notices, and correspondence. In many states, lawsuits must be served in person. Having a registered agent makes this a clear and orderly process.

Can I be my own registered agent Nevada?

Can I be my own Registered Agent in Nevada? Yes, you can be your Nevada LLC's Registered Agent, as long as you have a street address located in the state. You can be a resident of Nevada or a resident of another state; it doesn't matter, as long as you have a street address in Nevada.

How much is a registered agent in Nevada?

However, after considering the registered agent requirements most business owners elect to hire a registered agent service instead. Why? Well although being your own registered agent will cost you $0, a Nevada registered agent's name and address becomes part of the public record.

Who can be a registered agent?

A registered agent can be an owner or otherwise a member of a corporation. In addition, solicitors are often designated as registered agents. Furthermore, there are service companies that are set up for the sole purpose of functioning as a registered agent.

Can I be my own registered agent in GA?

That means you must have an actual address—not a virtual office or P.O. box—where you'll be available to receive service of process during normal business hours. If you meet those qualifications, then you could use your own office in Georgia and list your own name as the registered agent.

How do I change the registered agent for an LLC in Georgia?

The only way to change your Georgia registered agent is by filing an annual registration (like an annual report) with the Georgia Secretary of State, Corporations Division (SOS). The annual registration can be filed online or you can print the form from the Georgia SOS website (see link below).

Can I use a virtual address for my LLC in Georgia?

Yes. You can use your virtual address for your business to upgrade your company image or to protect your privacy. Since every one of our more than 2,300 addresses is a real street address, you can also use your virtual address to register an Atlanta business address or a business address elsewhere.

How do I find a registered agent for a company in NJ?

How Do I Search For A New Jersey Registered Agent? You can do a New Jersey business name search. Type in the name of the company you're searching for. In the results, you'll find the registered agent's name and registered office street address.

Who can be a registered agent?

A registered agent can be an owner or otherwise a member of a corporation. In addition, solicitors are often designated as registered agents. Furthermore, there are service companies that are set up for the sole purpose of functioning as a registered agent.

How do I remove a registered agent from my LLC in NJ?

To change your registered agent in New Jersey, you must complete and file a Certificate of Change – Registered Name or Address, or Both for LLCs or a Certificate of Change of Registered Office and/or Registered Agent for corporations form with the New Jersey Division of Revenue, Corporate Filing.

Can I be my own registered agent in NY?

If you live in New York, you have the right to serve as your own registered agent. By default, the New York Secretary of State will be your registered agent. After your LLC is formed, however, you should find a new registered agent.

Can a registered agent have a virtual address?

No, registered agents must have a physical address capable of accepting physical mail during business hours.

Can I be my own registered agent?

Yes. You can list yourself as a registered agent, but keep in mind that there are potential issues with doing so. The listed registered agent must...

How much does a registered agent service cost?

Hiring a registered agent will cost you between $50 and $300 annually.

What are the pros and cons of being my own registered agent?

The most significant benefit to listing yourself is cost. When you list yourself, it’s completely free. However, the downsides are that you risk mi...

Can I be penalized for not having a registered agent for my business?

There are consequences for not having a registered agent: You won’t receive important government and tax documentation and could risk missing impor...

When is hiring a registered agent service a good idea?

If you are frequently traveling, do not work from one location during business hours, run your company remotely or don’t want to expose your person...

How to remove LLC member?

Generally, the process goes like this: review your Operating Agreement to check procedure for removing an LLC Member. Then prepare Assignment of Membership Interest Agreement, amend Operating Agreement , amend Articles of Organization (if applicable), notify IRS if change in tax classification, update state Department of Revenue (or equivalent), and update bank.

What is a registered agent?

This is what a Registered Agent is; a person or company who agrees to accept legal mail (called “ Service of Process “) on behalf of your LLC in the event of a lawsuit or other court proceeding. Registered Agent synonyms: In some states, a Registered Agent is called a Resident Agent, Statutory Agent, Statutory Agent for Acceptance of Process, ...

What is a registered agent consent form?

Some states require a written and signed consent form (known as a Registered Agent Consent to Appointment, or similar name) be on file with the Secretary of State’s office. Remember, you (or they) must be a resident of the state where you are forming an LLC, and have a street address where you are available (or they are available) ...

How much does a commercial registered agent charge?

Most Commercial Registered Agents will charge anywhere from $100 per year upwards of $300 per year.

How much does a Northwest registered agent cost?

If you need to hire a Commercial Registered Agent, we recommend Northwest Registered Agent ($125 per year).

Do you need to maintain a registered agent?

In most states, it is a requirement to “continuously maintain” a Registered Agent and that Registered Agent needs to be available during business hours if a legal document needs to be served on the company.

Can I change my registered agent on my LLC?

Hi Nancy, your LLC’s Registered Agent is not “set in stone”. Soo yes, it can be changed at any time. The process is different by state. Usually there is a “Change of Registered Agent” filing that can be done online or by mail. And some states allow you to update the Registered Agent when you file the LLC’s annual report (if applicable). Hope that helps.

Why choose a registered agent service for LLC?

Instead of appointing an individual as your registered agent, you can use a professional registered agent service. These businesses act as registered agents for LLCs in your state.

Who can be a registered agent?

Any person or business that meets your state’s requirements can serve as a registered agent.

Who Can Form an LLC?

Any individual or business starting out or currently operating can form an LLC in most states. Even people running their business as sole proprietorships can organize as LLCs in all states except Massachusetts. There are usually no residency requirements, and many states don't even require the owners to be 18.

What are the rules for LLC?

Organizational flexibility. Most states have default rules that apply to LLCs, requiring owners and managers to follow business formalities similar to corporations. Many allow the default rules to be overridden in the company's operating agreement. For example, an LLC's operating agreement can keep owners who are not participating in the company's management from taking an active role in decision-making.

What is limited owner liability?

Limited owner liability. Since LLCs exist as independent entities, their owners are not liable for the company's debts and obligations. This liability protection is similar to that offered by traditional corporations. It also frees ownership from some of the operational formalities required for corporations. The owners of sole proprietorships and partnerships have unlimited personal liability for all their business's debts.

Why are small businesses considered LLCs?

Small businesses are often set up as limited liability companies (LLCs) because the structure offers many of the benefits of a corporation without subjecting the owners to corporate taxation. LLCs operate as entities that exist separately from their owners, which means the owners are not personally liable for any of the businesses' debts and obligations. Since they are not subject to the federal corporate income tax, LLC owners can avoid double taxation of company profits.

Why do business owners not organize as corporations?

Traditionally, one of the biggest reasons business owners avoid organizing as corporations is because, as independent entities, corporations are subject to the corporate tax on their income. Any profits passed to the corporation's owners are taxed a second time as income to them. LLCs allow owners to avoid this so-called "double taxation" by choosing pass-through status with the Internal Revenue Service (IRS). That means the company itself is not taxed, and any income it earns is passed through to the owners, who include that income on their personal tax returns.

How are LLCs formed?

LLCs are formed when their organizers file articles of organization—sometimes known as certificates of organization or certificates of formation—with the state where they are located . These formation documents generally include a description of the rights, duties, and obligations of each owner—often referred to as “members" of the LLC. The articles also describe any obligations the LLC has to its owners.

How to form a limited liability company?

Many people are afraid of taking the necessary steps towards forming a limited liability company (LLC), fearing that it could be the most difficult and complicated task they will ever have to perform for their small business. However, you can go about forming an LLC by taking just five easy steps: 1 Find a business name that is available (not taken by another company) and that conforms to your state's rules regarding names for LLCs. 2 File your paperwork, normally called the " Articles of Organization ," and pay the fee associated with the filing. 3 Make the operating agreement that will dictate how the LLC will be run. This normally lays out the rights and responsibilities of all LLC members. 4 In some states, you must also publish a notice that you intend to form an LLC. 5 Obtain all the licenses and permits that your business needs to run.

What time does an LLC need to be registered?

Someone at the Registered Office Address (technically the LLC’s Registered Agent) needs to be available during normal business hours of 9:00am to 5:00pm, in case Service of Process for your LLC arrives. Service of Process can include the delivery of legal documents such as complaints, summons, and/or subpoenas.

How much does a Northwest registered agent cost in Pennsylvania?

If you need to hire a Commercial Registered Agent in Pennsylvania, we recommend Northwest Registered Agent ($125 per year).

What is a registered office address?

A Registered Office Address is a street address located within the state of Pennsylvania where Service of Process (legal documents) can be delivered in the event of a lawsuit. In Pennsylvania, the Registered Office Address also serves as a general point of contact for receiving business and tax notices, payment reminders, ...

Can you use your home address for a certificate of organization?

If you were thinking of using your home address, but would rather keep it off public records, you can hire a Commercial Registered Office Provider (aka CROP or Commercial Registered Agent) that will allow you to use their address throughout your Certificate of Organization.

Is a registered office address public record?

It’s important to note, that the Registered Office Address on file becomes a part of the public record. Many people who prefer privacy and don’t want their home or office address listed publicly, choose to hire a Commercial Registered Office Provider (CROP). In most states, this is known as a Commercial Registered Agent.

Does Pennsylvania require a registered agent?

Unlike most states that require your LLC to list the name of a Registered Agent, Pennsylvania is unique in that it only requires you to list the address of the Registered Agent (known as the Registered Office). For simplicity, throughout this lesson, we will use the terms “Registered Agent” and “Registered Office” interchangeably.

Who is Northwest Registered Agent?

Northwest Registered Agent is our personal recommendation (and the service we use ourselves) because they’ve been in business for over 20 years, have great customer service, and they let you use their address in your entire LLC filing in order to keep your address off public record.

What Is a Registered Agent?

A registered agent is a person or agency your company appoints to receive official notices on your LLC's or corporation's behalf. This includes service of process, correspondence with the state, and notifications about state and federal taxes.

Why are registered agents important?

Registered agents are particularly important for companies that are not based in a state where they are doing business (for example, you're located in New York but also sell things or provide services in New Jersey).

Is it a good idea to be your own registered agent?

While it's tempting to act as your own registered agent for LLC or corporation issues, it's generally not a good idea.

Do registered agents have to have regular business hours?

When you add up those fees and consider the time involved in handling address changes with the state, it is simpler and possibly less expensive to hire a registered agent service. 4. Agents are required to keep regular business hours. Registered agents need to have regular business hours to accept service of process.

Who must be a registered agent for a limited liability company?

Every limited liability company must have a registered agent—someone who can accept lawsuits and other official documents on behalf of the business.

What is an LLC agent?

The LLC is responsible for ensuring that the agent’s address remains accurate. An agent may be served with a document by regular or certified mail or in person. If an agent accepts a document on behalf of the LLC, the agent must promptly pass the document on to the LLC's appropriate person. This is important because there is limited time ...

What Is a Registered Agent?

That person is the LLC registered agent, also called a statutory agent.

What is an agent business?

An agent can also be a business that provides registered agent services to LLCs and corporations.

How old do you have to be to be an LLC agent?

In general, a registered agent can be any person who is at least 18 years old and has a physical address (not just a P.O. box) in the state where your LLC is formed. That address is sometimes referred to as the registered office, though the address can be either a home or a business address. If, for example, your form your LLC in New York and your wife is a stay at home mom at your residence in Brooklyn, she can act as your agent. But if your home is in suburban New Jersey, she cannot be your agent because she does not have a physical address in New York.

What happens if you name your husband as an agent?

If you name your wife or husband as agent, you save yourself the potential embarrassment of being served with process in front of employees and customers. But if your spouse is served at work or in front of friends, he or she will suffer the same embarrassment, even though the lawsuit has nothing to do with them.

What happens if your address is on the public record?

If your home address is on the public record, you will be subjected to junk mail and other solicitations.

How to create LLC?

A business owner must file articles of organization with the secretary of the state in question to create an LLC. You can use the online form provided by the state, which covers the minimum legal requirements for this document. The owners of an LLC are officially known as members.

What to do if you don't want your address to be public?

If you do not want your address to be a public record, appoint your attorney as the registered agent or hire a company that provides third-party registered agents. Although a PO box provides privacy, it may be seen by your clients as untrustworthy. A mailbox service provides a street address but is more expensive.

Does Upcounsel accept lawyers?

If you need help with establishing an LLC, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Can a PO box be a business address?

The business address can either be a mailbox or physical location. However, the mailbox service in question must provide an actual street address and allow package deliveries. In some states, PO boxes cannot be listed as the business address since they do not accept registered or certified mail.

Is the address of my LLC considered a work address?

The place where you receive work-related mail is considered your work address. This may or may not be used as an address for your LLC.

Do you need to have a physical address for an LLC?

You use different addresses for regular mail, orders, bills, payments, and other types of correspondence. You have work sites where mail is not received. These addresses do not need to be physical locations and are not required to be in the state where the LLC is registered.

Can an LLC have more than one address?

The address for an LLC, or limited liability company, can include both its principal place of business and its physical location. As with other types of business entities, an LLC can have more than one address. An LLC is a type of business entity that protects individual assets such as a corporation while providing the management ...

How to form LLC?

The basic process involves visiting the Secretary of State’s website, finding an available business name, filling out the Articles of Organization (also called a Certificate of Formation or Certificate of Organization depending on the state), and paying the state filing fee. Some states are easier than others, and it’s very common to come across terminology and steps that aren’t familiar. This usually leads to concerns of whether the entity formation was done right. Forming an entity is a big step in starting a business, and it is helpful to know it was done correctly, which leads us to using a formation service.

How much does it cost to form an LLC?

An attorney is going to usually give the most personalized service but is the most expensive too. Attorneys will normally charge between $1,000 and $1,500 to form a corporation or LLC.

Does a formation company keep copies of the paperwork?

The formation company also keeps copies of the formation paperwork and, in some cases, offers a free registered agent for a certain period of time. The cost of the formation service is very reasonable for the value they provide.

Who Can Form an LLC?

Any individual or business starting out or currently operating can form an LLC in most states. Even people running their business as sole proprietorships can organize as LLCs in all states except Massachusetts. There are usually no residency requirements, and many states don't even require the owners to be 18.

What are the rules for LLC?

Organizational flexibility. Most states have default rules that apply to LLCs, requiring owners and managers to follow business formalities similar to corporations. Many allow the default rules to be overridden in the company's operating agreement. For example, an LLC's operating agreement can keep owners who are not participating in the company's management from taking an active role in decision-making.

What is limited owner liability?

Limited owner liability. Since LLCs exist as independent entities, their owners are not liable for the company's debts and obligations. This liability protection is similar to that offered by traditional corporations. It also frees ownership from some of the operational formalities required for corporations. The owners of sole proprietorships and partnerships have unlimited personal liability for all their business's debts.

Why are small businesses considered LLCs?

Small businesses are often set up as limited liability companies (LLCs) because the structure offers many of the benefits of a corporation without subjecting the owners to corporate taxation. LLCs operate as entities that exist separately from their owners, which means the owners are not personally liable for any of the businesses' debts and obligations. Since they are not subject to the federal corporate income tax, LLC owners can avoid double taxation of company profits.

Why do business owners not organize as corporations?

Traditionally, one of the biggest reasons business owners avoid organizing as corporations is because, as independent entities, corporations are subject to the corporate tax on their income. Any profits passed to the corporation's owners are taxed a second time as income to them. LLCs allow owners to avoid this so-called "double taxation" by choosing pass-through status with the Internal Revenue Service (IRS). That means the company itself is not taxed, and any income it earns is passed through to the owners, who include that income on their personal tax returns.

How are LLCs formed?

LLCs are formed when their organizers file articles of organization—sometimes known as certificates of organization or certificates of formation—with the state where they are located . These formation documents generally include a description of the rights, duties, and obligations of each owner—often referred to as “members" of the LLC. The articles also describe any obligations the LLC has to its owners.

How to form a limited liability company?

Many people are afraid of taking the necessary steps towards forming a limited liability company (LLC), fearing that it could be the most difficult and complicated task they will ever have to perform for their small business. However, you can go about forming an LLC by taking just five easy steps: 1 Find a business name that is available (not taken by another company) and that conforms to your state's rules regarding names for LLCs. 2 File your paperwork, normally called the " Articles of Organization ," and pay the fee associated with the filing. 3 Make the operating agreement that will dictate how the LLC will be run. This normally lays out the rights and responsibilities of all LLC members. 4 In some states, you must also publish a notice that you intend to form an LLC. 5 Obtain all the licenses and permits that your business needs to run.