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Yes, you can be your own Registered Agent when forming your LLC.
You actually have a few options for who can be your LLC Registered Agent. It depends on the state where you start your Limited Liability Company (LLC).
First, let’s go over what Registered Agents are, and what they do.
What is a Registered Agent?
A Registered Agent is a person or a company who agrees to accept legal documents and notices from the state for your LLC. And the delivery of these legal documents (like a complaint or a subpoena) is called Service of Process.
Note: Some states call the Registered Agent a Resident Agent or Statutory Agent. These all mean the same thing, so we usually call it a Registered Agent to keep it simple.
What does a Registered Agent do?
If your business is involved in a lawsuit, Service of Process will be sent to your LLC’s Registered Agent that’s listed with the state.
The Registered Agent will accept these legal documents for the LLC, and make sure that the LLC owners receive the documents quickly..
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)
Who can be a Registered Agent?
In most states, there are 3 options for who can be the Registered Agent for your LLC:
- You can be your LLC Registered Agent
- A friend or family member can be your LLC Registered Agent
- You can hire a professional Registered Agent Service
Some states also allow the LLC to be its own Registered Agent: Colorado, Delaware, Kansas, Nevada, Oklahoma, and Tennessee.
And things are really different in New York and West Virginia: Registered Agents aren’t required. Instead, the Secretary of State is the Registered Agent for all business entities, including Limited Liability Companies.
What is a Registered Agent Service?
A Registered Agent Service is a company that you pay to be your LLC’s Registered Agent in the state where your LLC is located.
Note: A Registered Agent Service is also called a Commercial Registered Agent.
What does a Registered Agent Service do for an LLC?
If your business is involved in a lawsuit, Service of Process will be sent to your LLC’s listed Registered Agent.
If you’ve hired a professional Registered Agent Service, the Registered Agent Service will accept these legal documents for the LLC, and forward them to the LLC owners online, or by mail.
Many Registered Agent Services also offer additional LLC services, like forming your LLC for you.
What are the requirements to be a Registered Agent?
In all states (except Ohio), the Registered Agent needs to have a physical street address in the same state where you’re forming an LLC. And they must be available at that street address during normal business hours to accept any important documents that may arrive for the LLC.
Additionally:
- If the Registered Agent is a person, they must be at least 18 years old.
- If the Registered Agent is a company, they must be authorized to do business in the state.
There may be more rules and requirements, depending on where you’re starting an LLC.
Please check the state requirements below.
Registered Agent Requirements by State
Being your own Registered Agent in Alabama
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Being your own Registered Agent in Colorado
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Being your own Registered Agent in Delaware
Being your own Registered Agent in District of Columbia
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Being your own Registered Agent in South Carolina
Being your own Registered Agent in South Dakota
Being your own Registered Agent in Tennessee
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Should I be my own Registered Agent for an LLC?
It depends. While being your LLC’s Registered Agent can save you money, there are some potential risks.
Let’s discuss the pros and cons of being your own Registered Agent.
Pros of being your own Registered Agent:
- You will save money.
- Documents get sent directly to you – you don’t have to wait for someone else to forward them.
Cons of being your own Registered Agent:
- You could miss important legal documents or notices from the state. For example, this could happen if you travel often or move around a lot.
- Additionally, Registered Agent information is listed publicly. This can lead to more junk mail and your physical address appearing online.
If you aren’t bothered by your address being public, being your own Registered Agent is a great way to save money.
Should I hire a Registered Agent Service company?
We recommend hiring a Registered Agent Service if:
- You don’t live in the state where you’re forming your LLC.
- You don’t have a friend or family member who lives in the state where you’re forming your LLC.
- You live in the state where you’re forming your LLC, but don’t want to list your physical location on public records.
- Or you simply don’t want to be your own Registered Agent.
How do I choose a Registered Agent? Choosing the right Registered Agent for your LLC depends on your specific business needs. We’ll guide you through your options and how to choose a Registered Agent, so you can confidently pick the best one for your LLC.
Our recommendation for professional Registered Agent Services
We recommend Northwest Registered Agent.
Northwest has been the best Registered Agent Service in the business for over 20 years, and they have excellent customer service. They’re also the service we use for our own LLCs.
Hiring Northwest Registered Agent will also keep your physical address off of public records. This is our favorite Northwest feature. And no other Registered Agent Service offers this.
How to keep your address off public records with Northwest
Northwest is a national Registered Agent Service, and lets you use their business address throughout your entire LLC filing in all 50 states and D.C. This can keep your physical address off public records.
If you hire Northwest, they’ll let you list their business address throughout your LLC paperwork.
This means you can use Northwest Registered Agent’s address for:
- the Registered Agent address
- the principal office address
- the mailing address
- the address of the LLC Members or Managers
- the address of the LLC Organizer (if you are going to file yourself)
(Note: The list above is an example. Some states have more address fields than others. Wherever there is an address field on the LLC filing, you can list the Northwest business address if you’d like. This can keep your address off public records.)
Northwest will receive mail sent to your LLC. Then they scan it and upload it to your online account.
In addition to being your Registered Agent, Northwest can also form your LLC (if you don’t want to file yourself).
Special discount for LLC University® readers
Northwest usually charges $100 + state fees to form an LLC. However, they offer a special price (60% off) for LLC University® readers.
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)
More Information
If you want to learn more about the LLC formation process, including Registered Agents, check out our free LLC lessons.
Can I be my own Registered Agent? FAQs
What should I look for in a Registered Agent Service?
Service of process: | Do they forward documents by mail? Do they scan and email them? |
General business mail: | Will they accept general business mail sent to your LLC? Most Registered Agent Services will only accept Service of Process. |
LLC Formation: | Will they form your LLC with the state? How much do they charge beyond the state filing fee? |
Annual Report or other services: | Do they offer Annual Report filing or other services you can buy? How much do they charge for these? |
Cost: | How much do they charge for the stand-alone Registered Agent Service? Most Registered Agent Services charge $100 to $300 per year. |
Customer Support: | Do they have great customer support? Read some online reviews of the service or call and ask a few questions. |
Is a Registered Agent liable?
No, a Registered Agent is not liable for any of the LLC’s lawsuits or debts.
Accepting important documents on behalf of the LLC does not bring the Registered Agent into a lawsuit.
If you are the Registered Agent and someone sues your LLC, they are still only suing the business. The Registered Agent does not 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 business owner. That’s because an LLC protects your personal assets.
How do I choose a Registered Agent?
Choosing the right Registered Agent for your LLC depends on your specific business needs.
We’ll guide you through your options and how to choose a Registered Agent, so you can confidently pick the best one for your LLC.
Where do I list myself as the Registered Agent?
The name and physical street address of the Registered Agent goes in the LLC filing paperwork.
Every state requires an LLC to list a Registered Agent and Registered Office (the Registered Agent address). This information goes on public record, so that a process server, if needed, can serve your LLC.
Is a Registered Agent a Member of an LLC?
No, a Registered Agent isn’t automatically an LLC Member (aka owner).
Meaning, just listing someone as a Registered Agent doesn’t make them a Member of your LLC.
Learn more: Registered Agent vs LLC Member
Registered Agent Services:
If you hire a Registered Agent Service, they won’t be a Member of your LLC.
You:
If you are a Member of an LLC and you want to be your own Registered Agent, then that is totally okay. In that case, you are both a Member of the LLC and the Registered Agent for the LLC.
Friend or family:
If a friend or family member is your LLC Registered Agent, they can be a Member of your LLC (if you make them one). But they aren’t automatically a Member just because you list them as the Registered Agent.
Who can be a Registered Agent and an LLC Member?
Who: | Can they be the Registered Agent? | Can they be a Member of the LLC? |
---|---|---|
You | Yes, if you live in the state where you formed your LLC | Yes, always |
Friend or family | Yes, if they live in the state where you formed your LLC | Yes, if they co-own the LLC with you |
Registered Agent Service | Yes | No, never |
Do I need a Registered Agent?
Yes, you need a Registered Agent.
State laws require every formal business entity to have a physical address in the state where their LLC is formed. And someone must be available during normal business hours at that address to accept Service of Process on behalf of your company. The person who does this job is called a Registered Agent.
You must list a Registered Agent on your LLC paperwork. And then you must continuously maintain (keep) one on file with the state as long as your LLC exists.
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.