Registered Agent

If you are considering starting a business as a corporation or as a Limited Liability Company (LLC) one of the first formalities you need to comply with, is choosing a registered agent.

Even in the event that you register as a foreign corporation or LLC and start trading in a new state, you would need to select a registered agent

There are a number of things you need to know while choosing your registered agent. By choosing a particular agent, you authorize him or her to receive mail related to the tax and legal matters of your company. It is imperative, therefore, that your registered agent owns or rents an office premise and possess a physical address. A registered agent with only a PO Box will not serve your purpose.

You must also ensure your registered agent is available at the address provided during normal business hours to receive your mail. Your registered agent's address is made available to the public and all important documents sent by the state such as the Notice of Litigation or Service of Process is directed to this address. All tax documents are also received by the registered agent on your behalf.

There is another scenario where the registered agent comes in handy. When you form a corporation or a LLC, most states require you to provide a legal address. The address of your registered agent is an excellent alternative to this and is enough to fulfill the requirement. If your corporation or LLC is branched out over a number of states you would require a registered agent in each of these states. Service providers or hired professional registered agents serve the purpose in this case.

You may wish to act as the registered agent of your own business. However in such cases, remember that you will encounter the following disadvantages:

• You are liable to receive a huge quota of junk mail addressed to your business.
• Frequent address changes may lead to a situation where you would have to pay taxes to file change of address with the state.
• You can also face embarrassing situations at times. For instance, in a case of litigation, members of the law enforcement agencies may come and deliver the Service of Process to you himself.
• There is only so much you can do yourself each day. Opting to handle your mail as well, along with all the work related to business, can be very hectic. More than anything, it could lead to a situation where you may end up losing or missing out on important documents, such as Service of Process and tax documents.

There are certain things you need to keep in mind when you are looking for a registered agent. The first thing is to be sure that the registered agent you hire meets the specific requirements of your corporation or LLC. In the event that you do go in for a professional registered agent, do make sure you inquire into the agent’s history.