Yes, your spouse can be your Registered Agent.
In fact, you have several options for who can be your LLC’s Registered Agent.
Who can be the Registered Agent for an LLC?
A Registered Agent is a person or company who agrees to accept legal documents on behalf of your LLC.
Note: Most states use the term “Registered Agent”, but some use the terms “Resident Agent”, “Statutory Agent”, or “Agent for Service of Process“. They all mean the same thing and we may use these terms interchangeably.
You typically have 3 options for who can be the Registered Agent for your LLC:
- you (the LLC owner)
- a friend or family member, or
- you can hire a Registered Agent Service
If your Registered Agent will be a person (like you, a friend, or a family member), then that person must meet the Registered Agent requirements.
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
(Why is Northwest the best? Read our Northwest Registered Agent review)
What are the Registered Agent requirements?
In most states, Registered Agents are required to have a physical address in the state where the LLC is located.
And they’re required to be present at that address during normal business hours in case Service of Process arrives.
What is Service of Process?
Service of Process is the delivery of legal documents sent to an LLC (typically only sent if your LLC is involved in a lawsuit).
Examples of these legal documents include a notice of a lawsuit, subpoena, summons, complaint, or a writ.
Service of Process can be delivered by certified mail, or in person.
Are there risks to your spouse (or you) being the Registered Agent?
There are a few risks. They aren’t likely to occur, but if they do, you could lose your liability protection.
For example, if the state is unsuccessful in reaching your Registered Agent, you may lose your good standing status, and the state has the authority to shut down your LLC.
Additionally, if a Process Server is unsuccessful in reaching your LLC’s Registered Agent about a lawsuit (they’ll try a few times), a court case can proceed in your absence and you might not even know about it.
Worse, the court could enter a default judgment against your LLC if you aren’t there to defend yourself.
A few reasons a process server might not be able to reach your LLC’s Registered Agent:
- You or your spouse aren’t there during normal office hours
- You and your spouse are on vacation
- You and your spouse moved and you forgot to file a Change of Registered Agent/Office Address with the state
In the case of your spouse being your Registered Agent, you’ll likely go on vacation together. This means that while you’re gone, no one will be available to accept any Service of Process or state notices that may arrive.
That said, going on vacation for a week once or twice per year probably won’t be a big deal because the time frame is so small. However, if you and your spouse tend to go on longer or more frequent trips, you may want to consider hiring a Registered Agent Service instead.
Registered Agent information is public record
It’s also important to know that the Registered Agent’s address is on public record.
So if your spouse (or you) are the Registered Agent for your LLC, your name and address will be listed on public records.
For some people, this isn’t a big deal. They aren’t bothered by it, and like how being their own Registered Agent saves them money.
For others, they may prefer to hire a Registered Agent Company.
Should my spouse be my Registered Agent?
Your spouse can be a great choice to be your Registered Agent. And using your spouse (or yourself) as the Registered Agent is a great way to save money.
That said, there are some risks, as mentioned above, and Registered Agent information is public record.
If you’re comfortable with that, then making your spouse your Registered Agent is a great idea.
If not, we recommend hiring a Registered Agent Service.
If you’d like to hire a Registered Agent Service, we recommend Northwest Registered Agent. They specialize in address privacy and have excellent customer service.
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
(Why is Northwest the best? Read our Northwest Registered Agent review)
Frequently Asked Questions
Is a Registered Agent liable?
No, a Registered Agent isn’t liable for any of the LLC’s lawsuits or debts.
Accepting documents on behalf of the LLC doesn’t bring the Registered Agent into a lawsuit.
If you are the Registered Agent and someone sues the LLC, they are only suing the business. The Registered Agent doesn’t get sued. That’s true even if you are the Registered Agent and the owner of the LLC.
And only the LLC gets sued – not you, as the individual owner. That’s because an LLC protects your personal assets.
Can I be my own Registered Agent for an LLC?
Yes, you can be your own Registered Agent as long as you meet the state requirements.
For more information, please read Can I be my own Registered Agent?
Does making my spouse the Registered Agent give them rights to the LLC?
No, making your spouse the Registered Agent doesn’t automatically give your spouse any rights to the LLC.
Being the Registered Agent just means that your spouse is responsible for accepting any legal documents or state notices that arrive for your LLC.
To give them rights to the LLC, you’d need to make them an LLC Member (owner).
Can a Trust be a Registered Agent for an LLC?
No, a Trust can’t be a Registered Agent.
That’s because a Registered Agent must be a person or business entity. And a Trust is neither (it’s a legal agreement).
However, a Trustee can be a Registered Agent.
To learn more, please see Can a Trust be a Registered Agent?
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.