Registered Agent

REGISTERED AGENT

Registered Agent requirements

  • The “REGISTERED AGENT” is a legal figure required by law in all states, and is new to most foreigners.

  • It is required of corporations and LLCs by state statutes. It is a legal requirement. It is not optional. Failure to comply with the requirement of not having a proper Registered Agent may result in legal sanctions.

  • It is required to define a professional service – a Registered Agent – that will provide the company with services to comply with government requirements.

  • A “Registered Agent” is a person or firm that will be the official point of contact for the LLC or corporation in the state to receive service of process, legal documents, official state or federal communications.

  • He will act as the company’s representative for these official communications and will be responsible for informing the employer of these notifications, so that he can fulfill his obligations.

  • The Registered Agent must have a physical address in the state, and must be available during business hours to respond to requests. P.O. boxes cannot be used.

  • The primary function of a registered agent is to be available for service of process. Legal delivery may be delivered in person by a legal delivery professional or bailiff or, in some states, by certified mail, return receipt requested.

  • The Due Process Clause of the U.S. Constitution requires valid service of process for the court to have personal jurisdiction.

  • Another function of the registered agent is to be the point of contact for the Secretary of State with the company. The state and its agencies may send notices, reports, delinquency notices and other important communications to the registered agent’s address.

  • Because companies are required by law to keep the name and address of the registered agent up to date, these important documents must go to the right person in the right place.

NOTE; the official address of the company is not necessarily the address of the registered agent, they are two different things although in some cases they may be the same.

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