A business whether it is a corporation or an LLC is required to have a Registered Agent in the state or states in which they conduct business. The role of a Registered Agent may vary slightly from state to state, but almost all of the functions are common.
The Registered Agent has often been described as the “go to” place when dealing with the business on legal matters. In some situations, the Registered Agent will be in charge of business license renewal and receiving tax documents. The Registered Agent must have an accessible address and must have regular posted business hours. The purpose for having a Registered Agent is to have an authorized business representative that can act in the stead of the business, which means that it is a representative of the business for the purpose of receiving legal documents and especially documents that may lead to court action. In the past, it was tempting for a business to dodge legal issues by not having an address in the state or by giving a false address. The Registered Agent can be served with legal pleadings and other legal documents and this is the same as serving the business with the documents. Effectively, the Registered Agent cannot hide from the law or the government.
A Registered Agent may be one person or a group of people. Many attorneys are Registered Agents.
Registered Agents can provide many services which are not mandated by law. Registered Agents can remind a business of compliance date requirements for filing documents required by the state. Registered Agents can provide software to manage corporate records and documents as well as storing important business reports.
A valuable function that a Registered Agent can perform is the monitoring of the business’s status in the state. The value in this service occurs when new business legal requirements are issued. The Registered Agent can assure the business that they will be notified of the new requirements.
A Registered Agent is particularly useful where a business works with regulated materials such as alcohol, because there are more restrictive issues that these businesses must deal with.
The professional Registered Agent services provider Winter LLP will perform many tasks that will be helpful because they are infrequently required and therefore easily forgotten. There is nothing to prohibit the work that a Registered Agent can do, so the business can negotiate for any service they deem valuable.
Identifying a Registered Agent should be done before incorporation papers are filed so that the Agent will be identified immediately. The laws of the state where a business chooses to work should be reviewed to determine if any business needs a Registered Agent, such as a sole proprietor and a partnership that is not incorporated.