Almost every state requires you to list a Registered Agent when you start your LLC, and to keep one for as long as your LLC exists.
But, many new business owners don’t know what a Registered Agent does, or what is required when listing one.
We’ll explain the Registered Agent duties and requirements to help you make the best decision for your LLC.
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 does a Registered Agent do?
A Registered Agent’s job is to accept state notices and legal documents on behalf of an LLC, and then forward it to the LLC owners (called “Members”).
The delivery of legal documents is called “Service of Process”.
Service of Process includes documents like:
- subpoenas
- summons
- notices
- complaints
Note: In some states, a Registered Agent may also be called a Statutory Agent, Resident Agent, or Agent for Service of Process. These all mean the same thing.
Do I need a Registered Agent for my LLC?
Yes, almost every state requires you to get and maintain a Registered Agent.
What states don’t require a Registered Agent?
The only states that don’t require you to list a Registered Agent are New York and West Virginia.
- In New York, the Secretary of State is the Registered Agent for all LLCs formed in the state.
- In West Virginia, Service of Process is sent to the LLC’s mailing address by default.
That said, you can still list a second Registered Agent in New York if you’d like to keep your address off public records, or save money on the New York Publication Requirement.
Why do I need a Registered Agent?
Simply put, you need a Registered Agent because it’s required by state law.
Reason being, the state and legal system need a reliable way to make sure your LLC receives important documents.
The Registered Agent requirement helps the state and courts properly track the delivery of these important documents.
Read more in Why do I need a Registered Agent?
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)
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 states where your LLC is registered to do business.
Who can be a Registered Agent?
In most states, you have 3 options for who can be your Registered Agent:
- you,
- a friend or a family member, or
- a professional Registered Agent Service.
What are the requirements to be a Registered Agent?
All Registered Agents are required to:
- have a physical address in the same state as the LLC, and
- be available during normal business hours at that address.
Your Registered Agent’s address is called the Registered Office.
The Registered Office can be a home address or business address.
However, it can’t be a PO Box.
Note: The exception is Ohio. In Ohio, a Registered Agent’s address can be a PO Box.
And the Registered Agent must be physically present at the Registered Office address during normal business hours (Monday through Friday, 9am to 5pm).
This is because they need to sign for Service of Process if it arrives, and Service of Process can arrive at any time during the regular workday.
Your Registered Agent’s address will also be made public record. This means that anyone can search for your LLC’s business name on the Secretary of State’s website and find your Registered Agent’s name and address.
The rest of the Registered Agent requirements are slightly different depending on whether your Registered Agent is a person or a business.
If your Registered Agent will be a person (like you, a friend, or a family member), they must also:
- be a resident of the state where the LLC is located, and
- be at least 18 years old.
They should also be comfortable with their name and address being on public record.
Being your own Registered Agent (or asking a friend or family member) is a great way to save money as long as you meet the Registered Agent requirements.
If your Registered Agent will be a business (like a Registered Agent Service), they must be registered to do business in the same state as your LLC.
Note: In a few states, your LLC can be its own Registered Agent. However, this is rare.
You’ll need to hire a Registered Agent Service if you (or a friend or family member):
- don’t meet the requirements, or
- aren’t comfortable with your address being on public record.
We recommend Northwest Registered Agent.
Northwest has been in business for 28 years and they have excellent customer support.
They’ll also let you 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.
Registered Agent Requirements FAQs
What happens if you don’t have a Registered Agent?
If you don’t have a Registered Agent and the state finds out, there are a few possible outcomes.
You could:
- miss an important notice from the state, or
- miss the delivery of legal documents.
Missing an important notice from the state can result in your LLC losing its Good Standing status. Your LLC could also be administratively dissolved (“shut down”).
Missing the delivery of legal documents can result in a default judgment being rendered against your LLC.
This means that a court case can proceed without you, and the judge may even rule in favor of the other party.
Does a Registered Agent have to live in the state?
Yes, a Registered Agent who is a person (like a friend or family member) must be a resident of the same state where the LLC is located.
A Registered Agent that is a business must be licensed to do business in the same state where the LLC is located.
Learn more in 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 in another state.
Registered Agents must be available at a physical street address in the same state where the LLC is formed.
If you (or a friend or family member) don’t have a physical address in the same state where the LLC is formed, then you’ll need to hire a Registered Agent Service.
We recommend Northwest Registered Agent.
Learn more in Can my Registered Agent be in another state?
Can I be my own Registered Agent?
Yes, you can be your own Registered Agent if you meet the requirements above.
Just remember:
- your address will be on public record, and
- you must be available during normal business hours at a physical address in the same state as your LLC.
Does a Registered Agent have to be a person?
No, a Registered Agent doesn’t have to be a person.
You can also hire a company, like a Registered Agent Service.
To learn more, please read: Does a Registered Agent have to be a person?
How many Registered Agents can an LLC have?
Most states only allow you to list 1 Registered Agent for your LLC. They don’t even provide additional room on their forms for a second Registered Agent.
Reason being, having 1 Registered Agent for your LLC helps streamline all of your important documents and state notices to a single point-of-contact. This helps make sure you don’t miss anything important.
That said, you can designate an additional Registered Agent in New York.
In New York, the New York Secretary of State serves as the Registered Agent for every LLC in the state by default.
However, listing another Registered Agent when you form your LLC can save you money on the New York Publication Requirement if they’re located in a smaller county like Albany.
Learn more in How many Registered Agents can an LLC have?
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.