Every LLC needs a registered agent: a person or company with a street address in the state who is there during normal business hours to accept legal papers — a lawsuit, a subpoena, official notices from the state — and pass them on to you. States use different words for it: registered agent, statutory agent (Arizona, Ohio), resident agent (Maryland, Nevada), agent for service of process (California).
Who can be your agent
- You, or another owner, if you have a street address in the state and are usually there in business hours.
- A friend, relative or your accountant who lives in the state and agrees to do it.
- A commercial registered agent service — a company registered with the state to act as agent, usually for an annual fee.
The address has to be a physical place where papers can be handed over. A P.O. box or a virtual mailbox is not enough.
When a paid service makes sense
- You do not live in the state where you are forming the LLC.
- You work from home and would rather not have your home address on the public record.
- You are often away during business hours, so papers could be missed — and missed papers can lead to a default judgment.
Consent
Many states ask the agent to agree to serve, either by signing the formation document or a separate consent. Where your state asks for one, LLCPros prepares a consent for your agent to sign. Commercial agents have their own forms.
New York and a few others
New York names its Secretary of State as every LLC’s agent for service of process. Instead of an agent you give a mailing address where the state forwards papers. A separate registered agent is optional there.
Changing your agent later
You can change your agent any time by filing a change form with the state, usually for a small fee. Keep the agent’s details current — the state sends important notices there.