Registered Agents Demystified

First time business owners who form a corporation or2. Your registered agent address is public and, in most
LLC are faced with a many new legal concepts, onestates, searchable online. If you operate a business
being the "registered agent".where you desire some measure of anonymity, and
In particular, if you use an online service to form yourdo not want your home address displayed for all the
corporation or LLC, you are asked if you want toworld to see, then you might not want to act as your
purchase a registered agent service, usually costingown registered agent.
upwards of $100/yr.3. If your corporate form is an LLC, this advantage
Before you open your wallet, however, you probablyapplies. An LLC's ownership is not public information.
have a few questions.This can be a big advantage for a variety of reasons.
- What is a "registered agent"?For example, you don't want your competitors to
- What does he/she do?know that you are backing a new business. On most
- And most importantly, does my company need one?state's websites, you can search by companies by
A registered agent (aka resident agent) is the personregistered agent, meaning that anyone can type in
assigned to receive service of process for your LLCsyour name and see every company which you are
or corporation.the registered agent for. If you use a registered agent
You see, a corporation or LLC is technically aservice, your name is not on that website, and you can
separate legal entity from you, its owner. Therefore, inkeep your involvement in a company private.
order to serve official papers (such as a lawsuit or4. Remember the part above about "service of
subpoena) on a corporation or LLC, someone must beprocess"? This means being sued. Most businesses will
designated to recieve that service on behalf of thebe involved in a lawsuit at some point. If you are your
company. That person is the registered agent.own registered agent, you will have the sheriff at your
A registered agent is mandatory in every state. Everyhouse serving you with a summons and lawsuit when
corporation or LLC must have one.your business is sued. The neighbors will see, it will
The good news is, you can act as your owncause embarrassment and, if you're operating a home
registered agent if you choose.based business, might cause your homeowner's
You can list any address as your registered agentassociation or municipality to start sticking their nose in
address--home, office, vacation home, etc. You mayyour business (e.g. there are zoning laws against
not use a Post Office box--the address must be aoperating a home based business, and now local
physical, street address.officials are alerted to your business activity).
It seems obvious, therefore, to act as your ownAdvantages Of Using An Outside Registered Agent
registered agent and save on registered agent fees.Service
However, there are downsides to acting as your ownThe advantages of using an outside registered agent
registered agent.service is avoidance of all the above.
Downsides To Being Your Own Registered AgentThe only real downside to using a registered agent
1. The list of registered agents is public information, andservice is the cost, which ranges from $80-$200/yr.
therefore you will get a LOT of junk mail after formingMost online incorporation companies include registered
your company. You will be on every mailing list withinagent service as part of their incorporation package
weeks or months.for an additional fee.