No, your Registered Agent can’t be located in a different state from the one where you filed your LLC.
Your Registered Agent must have a physical address in the same state where your LLC is located.
If the Registered Agent is a person, they must be a resident of the state where the LLC is located.
If the Registered Agent is a company (like a Registered Agent Service), it must be authorized to do business in the state where the LLC is located.
Note: Most states use the term Registered Agent. But some states use the term Agent for Service of Process, Resident Agent or Statutory Agent. These terms all mean the same thing, and we may use them interchangeably.
We’ll explain the role of a Registered Agent and why maintaining one in the same state as your LLC is so important.
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 is a Registered Agent?
A Registered Agent is a person or company that agrees to accept state notices and legal documents on behalf of an LLC.
Once these documents are received, the Registered Agent forwards them onto the LLC.
Why does my Registered Agent need to be in the same state?
State law requires that Registered Agents are physically present in the same state as the LLC that appointed them.
Basically, your LLC is controlled by state law. The state and court need a way to contact your LLC if the need arises.
States only control people or businesses within their borders, so your LLC’s point of contact must be located within their borders.
For example: Let’s say you live in Alabama but formed your LLC in Delaware. You want to save money by listing yourself as your LLC’s Registered Agent. Can you? No, you can’t because you aren’t physically present in the state of Delaware.
Your Delaware LLC was formed under Delaware law. If you get sued in Delaware, it will likely be by a Delaware resident and heard in a Delaware court.
The person suing you probably has no connections to Alabama, where you live. So, requiring them to find you in Alabama would create confusion, and is generally viewed as unfair by the courts.
Also, sending your legal documents to Alabama would slow down the court process. And the courts need proof that the legal documents have been successfully delivered to your business.
Basically, your Registered Agent must be in the same state as your LLC so that the state and court have a reliable point of contact for your LLC.
This also helps make sure the legal process runs smoothly and fairly.
Need a Registered Agent? Hire Northwest Registered Agent ($125 per year).
Need a Registered Agent + LLC? Use this link instead. Northwest will form your LLC and be your Registered Agent for $39 + state fee. (Registered Agent service is free for the 1st year).
What if I don’t know anyone in the state?
If you don’t know anyone who lives in the state who can be your Registered Agent, you can hire a professional Registered Agent Service.
Most companies have offices in every state and can receive documents for your LLC.
To see how the top companies in the industry compare to each other, please read our review of the Best Registered Agent Services.
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)
FAQs
Who can be Registered Agent for an LLC?
A Registered Agent can be a person or a company.
In most states, you have 3 options for who can be Registered Agent for an LLC:
- You
- A friend or family member
- A Registered Agent Service
If the Registered Agent will be a person (like you, a friend, or a family member), then that person must be at least 18 years old and be a resident of the state where the LLC is formed.
They should also be comfortable with their address being on public record.
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 a Registered Agent have to be a person?
No, a Registered Agent doesn’t have to be a person.
You can hire a Registered Agent Service instead.
Many Registered Agent Services operate nationwide.
Our favorite service, Northwest Registered Agent, will also let you use their address throughout your LLC filing. This helps keep your address off of public record.
What are the Registered Agent requirements?
All Registered Agents are required to be available at a physical street address in the state during normal business hours.
If the Registered Agent is a person, they must also be over 18 years old, and be a resident of the state where the LLC is located.
If the Registered Agent is a company (a Registered Agent Service), it must be authorized to do business in the state where the LLC is located.
PO Boxes aren’t allowed.
What states do not require a Registered Agent?
Almost every state requires your LLC to have a Registered Agent.
The 2 exceptions are West Virginia and New York.
In West Virginia, the state sends legal documents and state notices directly to your LLC’s mailing address.
And in New York, the New York Department of State acts as the Registered Agent for all LLCs.
How many Registered Agents can an LLC have?
The state only allows 1 Registered Agent per LLC.
The exception to this is New York.
In New York, the New York Department of State serves as the Agent for Service of Process by default. This means that any legal mail that is sent to your LLC is delivered directly to the New York Department of State.
That said, you can list an additional Registered Agent (like you, a friend, a family member, or a Registered Agent Service).
Some people choose to hire a Registered Agent Service in New York to save money on the NY LLC Publication Costs.
To learn more about New York Registered Agents and the Publication Requirement, please read How to Start an LLC in New York.
Do I need a Registered Agent in every state?
No, you don’t need a Registered Agent in every state.
You only need a Registered Agent in the states where your LLC is on file with the Secretary of State.
For more information, please read Do I need a Registered Agent in every state?
Does a Registered Agent have to live in the state?
Yes, a Registered Agent who is a person must be a resident of the same state where the LLC is located.
If the Registered Agent is a business, they must be authorized to do business in that state and have a physical address in that state.
This helps make sure that important state notices and legal documents are successfully delivered to your business.
For more information, please read Does a Registered Agent have to live in the state?
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.