A Statutory Agent is a person or company who receives legal documents and notices from the state for an LLC.
Said another way, a Statutory Agent is a receiver and forwarder of documents.
What does a Statutory Agent do?
If your business gets involved in a lawsuit, a Statutory Agent will accept legal mail (called “Service of Process”) for your LLC.
After your Statutory Agent accepts Service of Process for your LLC, they will send you the documents, so you can follow the court’s instructions and decide if you want to hire an attorney.
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Is a Statutory Agent the same thing as a Registered Agent?
Yes, a Statutory Agent is the same thing as a Registered Agent.
In fact, most states call the Statutory Agent a Registered Agent. And a few states use the terms Resident Agent or Agent for Service of Process.
For example:
- Arizona and Ohio use the term “Statutory Agent”.
- Kansas and Maryland use the term “Resident Agent”.
- And West Virginia uses the term “Agent for Service of Process”.
These all mean the same thing: the person or company who accepts legal documents for your LLC, and forwards them to you.
Is a Statutory Agent required?
Yes, LLCs are required to have and keep a Statutory Agent for as long as the LLC exists.
And they’re required to keep the agent’s name and address up-to-date with the Secretary of State.
There are 2 exceptions to this:
- West Virginia
- New York
In West Virginia, Resident Agents aren’t required.
And in New York, the Secretary of State acts as the Statutory Agent for all LLCs by default. This means that if your LLC is involved in a lawsuit, Service of Process will be delivered to the Secretary of State. And they’ll forward the Service of Process to your LLC.
That said, both states allow you to list an additional Statutory Agent if you’d like.
Why do I need a Statutory Agent for my LLC?
You need a Statutory Agent to make sure that you receive any legal documents or state notices in a timely manner.
Statutory Agents are an important part of how our legal system works.
When a business becomes involved in a lawsuit, the court sends a Process Server to deliver the documents to the Statutory Agent.
And after the documents have been delivered to the Statutory Agent, the Process Server reports back to the court that the documents were successfully delivered.
This way, the courts can track and confirm the delivery of legal mail.
If you miss or ignore Service of Process for a lawsuit, then the court case will continue without you. And this will likely lead to a default judgment against your LLC.
Meaning, the court will let the other party argue their case without you being there, and then the court will often rule in their favor.
Who can be a Statutory Agent for an LLC?
In most states, you have 3 options for who can be your LLC’s Statutory Agent:
- you
- a friend or family member
- a Registered Agent Service
Can I be my own Statutory Agent for an LLC?
Yes, you can be your own Statutory Agent for your LLC.
If you (or a friend or family member) plan to be the Statutory Agent for your LLC, it’s important to keep in mind that a Statutory Agent’s name and address are on public record.
Statutory Agent information is public record
A Statutory Agent’s information is required to be kept on file and up-to-date with the Secretary of State in the state where the LLC is formed.
This means that a Statutory Agent’s name and address are on public records.
We recommend hiring Northwest Registered Agent
If you’d like to keep your address off public records, you should consider hiring a Registered Agent company.
The company we recommend, Northwest Registered Agent, can serve as your Statutory Agent, and let you use their office address throughout your LLC filing (so you don’t have to use yours).
Northwest offers this unique service at no additional cost when you hire them for their Registered Agent Services.
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
