Almost every state requires your LLC to have a Registered Agent.
That said, there are 2 exceptions:
We’ll explain these exceptions. Then we’ll show you how you can save money and protect your privacy by listing your own Registered Agent, even though it isn’t required.
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 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)
New York
New York doesn’t require LLCs to list a Registered Agent.
Instead, the New York Secretary of State acts as the Agent for Service of Process for all LLCs.
However, you can still hire a Registered Agent Service if you want extra help, privacy, or to save money on the New York LLC Publication Requirement.
What is the New York LLC Publication Requirement?
In New York, new LLCs are required to publish an ad in 2 newspapers after the LLC is approved.
This requirement is called the New York LLC Publication Requirement.
The original purpose of the LLC Publication Requirement was to “notify the public” that you were forming a business.
Although this is somewhat out-dated, New York law still requires new LLCs to run an ad in 2 newspapers for 6 weeks.
How can a Registered Agent save me money on the New York Publication Requirement?
Depending on what county your LLC is located in, listing a Registered Agent can help you save money.
The ads you run to meet the Publication Requirement must be published in the county where the Registered Agent’s address is located.
Note: The official term for the Registered Agent’s address is the Registered Office.
If you live in one of the 5 boroughs and run your LLC out of your home, these publications can cost up to $1500.
Hiring a Registered Agent Service may allow you to publish in a county with cheaper publication costs.
For example: Northwest Registered Agent’s New York office is located in Albany county.
So if you hire Northwest Registered Agent and use their address to publish your ads in Albany County, you can save hundreds of dollars in publication costs.
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)
West Virginia
West Virginia also doesn’t require a traditional Registered Agent.
Instead, state notices and legal documents will be sent directly to your LLC’s mailing address.
And while listing a Registered Agent in New York could save you money, that isn’t the case in West Virginia.
Most people don’t list a Registered Agent in West Virginia, unless they hire a company to form their LLC for them.
Should I still list a West Virginia Registered Agent?
This choice really depends on your business needs.
If keeping your initial startup costs low is important to you, then leaving the Registered Agent fields blank on your Articles of Organization is a great option.
However, if privacy is important to you, you may want to consider hiring a Registered Agent Service.
Reason being, your LLC’s Mailing Address is where state notices and legal documents will be sent. If this is your home address, it will be on public record.
However, we have a strategy for keeping your home address off of public record:
We recommend hiring Northwest Registered Agent.
Northwest has been in business for 28 years and they have excellent customer support.
They will 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 free Registered Agent Service.
All other states
Every other state requires your LLC to have a Registered Agent with a physical address in that state.
If you need help finding a Registered Agent, check out our review: Best Registered Agent Services.
FAQs
What happens if you don’t have a Registered Agent?
Outside of West Virginia and New York, if you don’t have a Registered Agent in the same state as your LLC, then your LLC could face several consequences.
This includes:
- Missing important state notices
- Missing legal documents
- Losing it’s good standing
- Being administratively dissolved
- Missing court dates and filings
For more information, please read What happens if you don’t have a Registered Agent?
How many Registered Agents can an LLC have?
An LLC can only have 1 Registered Agent.
However, if your LLC is in New York, where the Secretary of State is your LLC’s Registered Agent by default, you can list a second Registered Agent.
For more information, please read How many Registered Agents can an LLC have?
Does a Registered Agent have to live in the state?
Yes, your LLC’s Registered Agent must “live” in the same state where your LLC is on file with the Secretary of State.
If your Registered Agent is a person, this means they must be a resident of the state.
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 from the one where your LLC is located.
Registered Agents are required to have a physical address in the same state where your LLC is located.
For more information, please read Can my Registered Agent be in another state?
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 state where you formed your LLC.
The only exception to this rule is if you register your LLC as a Foreign LLC in another state. This usually happens if your business is expanding and will be doing business in a new state.
For Example: If you have a Florida LLC and you start doing business in Georgia, you’ll need to register your Florida LLC as a Foreign LLC in Georgia. Then, you must also appoint a Registered Agent in Georgia.
For more information, please read Do I need a Registered Agent in every 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 company (a professional Registered Agent service).
For more information, please read Does a Registered Agent have to be a person?
Can I be my own Registered Agent?
Yes, you can be your own Registered Agent.
In most states, you actually have 3 options for who can be your LLC’s Registered Agent:
- You can be your own Registered Agent
- A friend or family member can be the Registered Agent
- You can hire a professional Registered Agent Service
For more information, please read Who can be Registered Agent for an LLC?
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.