An LLC can only have one Registered Agent in each state where it’s registered to do business.
The exception to this is New York.
We’ll explain the rules about how many Registered Agents your LLC can have, and the exception in New York.
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.
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
Only need RA service? Use this link instead ($125 per year).
(Learn why we recommend Northwest in our review)
What is a Registered Agent for an LLC?
A Registered Agent is a person or business that agrees to accept state notices and legal documents on behalf of an LLC.
All states require that an LLC list a Registered Agent in its Articles of Organization, and keep one in the state as long as the LLC exists.
Note: The Articles of Organization is the document that, once filed with the Secretary of State, officially forms an LLC.
Basically, a Registered Agent is the point of contact for an LLC in a specific state.
The state uses this point of contact to send important notices, and the courts use it to send legal documents.
The delivery of legal documents is called Service of Process.
Some examples of documents that are delivered by Service of Process are:
- subpoena (a demand for documents or testimony)
- summons (requires your attendance at a hearing)
- complaint (the filing that starts a lawsuit)
- writ (requires or forbids some action)
Why can I only have one Registered Agent?
Making one Registered Agent the single point of contact for an LLC helps make sure that state notices and legal documents get to the right people in a timely manner.
Having more than one Registered Agent can make it more complicated and confusing to deliver state notices and legal documents to the right person.
For example: Let’s say your LLC has 4 locations in Utah. You list each location’s manager as your LLC’s Registered Agent, giving you a total of 4 Registered Agents in the state. Then your LLC gets sued.
The summons and complaint go to location 1. Subpoenas are sent to location 2. Motion filings are sent to location 3. The state sends your Annual Report notice to location 4.
All of your important notices and documents going to separate locations multiplies the risk that you’ll miss one.
And missing an important state notice or legal document could result in serious consequences for your LLC.
What happens if I miss an important document?
If your Registered Agent misses an important document from the state or courts, your LLC could:
- lose its Good Standing status.
- be administratively dissolved (“shut down”) by the Secretary of State.
- receive a default judgment.
A default judgment is when the court or judge rules against one party because that party has failed to follow the court’s instructions, like failing to appear in court or respond to orders.
Having a single Registered Agent for each LLC:
- helps avoid confusion and missing documents.
- makes sure that important notices and legal documents are delivered to the right business.
- allows the LLC Members to take action in a timely manner.
This role makes Registered Agents an important part of how our courts and legal system work.
What if my LLC does business in more than one state?
As a general rule, every time you register your LLC to do business in a new state (as a Foreign LLC), you’ll also have to list a Registered Agent in that new state.
This is because LLCs and Registered Agents are controlled by state law. And each state needs a point of contact within that state for the LLCs operating within its borders.
For example: Let’s say you have a Texas LLC. When you formed your Texas LLC with the Texas Secretary of State, you listed a Texas Registered Agent on the LLC formation paperwork.
Your business is doing really well, so you decide to expand into Oklahoma. You register your Texas LLC as a Foreign LLC in Oklahoma. You’ll need to list an Oklahoma Registered Agent on your Oklahoma LLC paperwork.
This means you have 2 Registered Agents now, but you only have 1 Registered Agent in each state where your LLC is doing business.
Said another way, your LLC can only have one Registered Agent in a single state, but you will need one in each state where your LLC is registered to do business.
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
Only need RA service? Use this link instead ($125 per year).
(Learn why we recommend Northwest in our review)
Who can be Registered Agent for an LLC?
In most states, you have 3 options for who can be your Registered Agent:
- You can be your own Registered Agent.
- You can ask a friend or family member.
- You can hire a Registered Agent Service.
That said, whoever you list as Registered Agent needs to meet the state’s Registered Agent requirements.
How much does a Registered Agent cost for an LLC?
If you, a friend, or a family member meet the state requirements to be your LLC’s Registered Agent, then it’s free ($0).
If you (or a friend or family member) don’t meet the state requirements, you’ll need to hire a Registered Agent Service.
Registered Agent Services cost between $100 – $300 per year (and per state).
Hiring a Registered Agent Service with offices in multiple states is a convenient option that allows you to keep all of your LLC’s state notices (and any legal documents that may arrive) in the same place.
This is especially helpful if your LLC does business in more than one state.
Our favorite Registered Agent is Northwest Registered Agent. Northwest has been in business for 28 years and they have excellent customer support.
It’s also important to know that your Registered Agent’s name and address are listed on public record with the Secretary of State.
Northwest is unique in allowing you to use their business address throughout your LLC paperwork so you can keep your address off of public record.
And if you hire them to form your LLC, they’ll give you 1 year of Registered Agent Service for free.
Exception: How many Registered Agents can an LLC have in New York?
In New York, the New York Secretary of State serves as the Registered Agent by default. This means that any state notices or legal documents that are sent to your LLC are delivered directly to the New York Secretary of State.
Then the New York Secretary of State notifies the LLC Member(s).
That said, New York allows you to 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 Requirement costs.
To learn more about New York Registered Agents and the Publication Requirement, please read How to Start an LLC in New York.
FAQs
Do I need a Registered Agent in every state?
No, you only need a Registered Agent for your LLC in states where your LLC is registered to do business with the Secretary of State.
For example: If you started your LLC in Indiana and only do business in Indiana, you would only need a Registered Agent in Indiana.
If you later expand your business and register that LLC in Illinois, then you would also need a Registered Agent in Illinois.
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, your LLC’s Registered Agent must be located in the same state where your LLC is registered to do business with the Secretary of State.
If your Registered Agent is a person, this means they must be a resident of the state where the LLC is located.
If your Registered Agent is a business, like a Registered Agent Service, then they must be registered to do business in that state and have a physical address in the state.
For more information, please read Does a Registered Agent have to live in the state?
Can my Registered Agent be in another state?
No, your Registered Agent can’t be located in a different state.
The Registered Agent and the LLC must be located in the same state.
That said, many Registered Agent Services operate nationally. If your LLC does business in multiple states, you may be able to hire one Registered Agent Service with offices in those states.
However, you’ll have to pay a separate Registered Agent fee for each state.
For more information, please read Can my Registered Agent be in another state?
Does a Registered Agent have to be a person?
No, your Registered Agent doesn’t have to be a person.
Your Registered Agent can be either:
- a person (like you, a friend, or a family member who lives in the state), or
- a business (like a professional Registered Agent Service).
For more information, please read Does a Registered Agent have to be a person?
What states don’t require a Registered Agent?
Almost every state requires your LLC to list a Registered Agent.
That said, there are 2 exceptions:
In West Virginia, Service of Process is sent directly to your LLC’s mailing address.
And in New York, the New York Secretary of State’s office accepts Service of Process on behalf of all LLCs.
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.