Do I Need a Registered Agent in Every State?

No, you don’t need a Registered Agent in every state.

While every LLC is required to have its own Registered Agent, you only need a Registered Agent in the state(s) where you have an LLC on file with the Secretary of State.

This means that if you have multiple LLCs in the same state, or in multiple states, you’ll need a Registered Agent for each LLC. This is true even if the LLCs in multiple states are related to the same business.

We’ll explain when and where you need a Registered Agent for your LLC.

What is a Registered Agent?

A Registered Agent is a person or company who agrees to accept state notices and legal documents on behalf of your LLC.

Who can be a Registered Agent?

In most states, you have 3 options for who can be the Registered Agent:

• you,
• a friend or family member, or
• you can hire a Registered Agent Service for a fee.

In order to be a Registered Agent, a person (like you, or a friend or family member) must meet the state’s Registered Agent requirements.

This means that the person must be:

• at least 18 years old.
• a resident of the state where the LLC is on file with the Secretary of State.
• located at a physical address in the same state where the LLC is on file.
• available at that address during normal business hours (9am to 5pm).

They should also be comfortable with their address being on public record.

Being your own Registered Agent is a great way to save money if you meet the state requirements.

If you (or a friend or family member) don’t meet the state requirements (or aren’t comfortable with your address being on public record), you’ll need to hire a Registered Agent Service.

We recommend 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 Registered Agent Service for free.

What if I have different LLCs in the same state?

Every LLC must list a Registered Agent on its Articles of Organization. The Articles of Organization is the document that, once filed with the Secretary of State, officially creates your LLC.

If you have more than one LLC in the same state, you’ll need to list a Registered Agent on each Articles of Organization.

For Example: If you have 2 Texas LLCs, you’re required to list a Registered Agent on each of their Articles of Organization.

The same person or Registered Agent Service can be listed on both Articles of Organization filings (as long as they meet the state requirements).

For Example: If you have 2 Texas LLCs, and you meet the state requirements, you can list yourself as the Registered Agent for both Texas LLCs.

However, if you are listing a Registered Agent Service, you will need to pay separate service fees for each LLC.

Registered Agent Services cost between $100 – $300 per LLC. This means that the Registered Agent Service fees for 2 LLCs would cost between $200 – $600 total.

Do I need a Registered Agent for each LLC if I have multiple LLCs in multiple states?

Yes, you need a Registered Agent for each LLC that you have. This is especially true if you have multiple LLCs in multiple states.

Registered Agents are required to be physically located in the same state where the LLC is located in case important legal documents arrive.

So if you have 2 LLCs in 2 different states, you’ll need a Registered Agent for each LLC in each state. This makes a total of 2 Registered Agent listings.

For example: Let’s say you have 2 LLCs. One is in Ohio, and one is in Iowa.

You will need to list:

• an Ohio Registered Agent on your Ohio Articles of Organization, and
• an Iowa Registered Agent on your Iowa Articles of Organization.

And you’ll list them on each LLC’s Articles of Organization filing.

If you have 3 LLCs in 2 different states, you’ll need a Registered Agent for each LLC in each state. This makes a total of 3 Registered Agent listings.

For example: Let’s say you have 3 LLCs. Two are in Vermont and one is in Rhode Island.

You will need to list:

• a Vermont Registered Agent on your first Vermont Articles of Organization.
• a Vermont Registered Agent on your second Vermont Articles of Organization.
• a Rhode Island Registered Agent on your Rhode Island Articles of Organization.

Your Uncle, who lives in Vermont, has agreed to be the Registered Agent for all 3 of your LLCs.

Can he be the Registered Agent for all 3 LLCs?
No. Since your uncle lives in Vermont, he can only be the Registered Agent for your 2 Vermont LLCs.

You will need to list your uncle as the Vermont Registered Agent on the Articles of Organization filing for each of your Vermont LLCs.

However, you would need to find and list a separate Registered Agent for your Rhode Island LLC.

Simply put, you’re required to list a Registered Agent for each LLC you file with a Secretary of State. And the Registered Agent must be located in the same state as the LLC.

This is true even if you have expanded your business into other states.

Multi-state LLCs for the same business

LLCs are required by state law to maintain a Registered Agent in each state where you have submitted a filing to the Secretary of State.

This means that if you form an LLC in one state, and then expand your business into another state by registering a second LLC in the new state, you’ll need a separate Registered Agent for each LLC.

For Example: Let’s say you formed Bob’s BBQ LLC in Texas. Everyone loves your BBQ, so you decide to expand the business into Oklahoma. To do so, you register your Texas LLC, Bob’s BBQ LLC, in Oklahoma by filing with the Oklahoma Secretary of State. When doing so, you will need to list an Oklahoma Registered Agent on the filing.

You can’t just list your Texas Registered Agent as your Oklahoma Registered Agent:

• If they’re a person, they can’t be physically present in two states at the same time.
• If you hire a Registered Agent Service, you can’t list them until you’ve hired them for service in the new state.

When you form an LLC in its “home state”, this is called a Domestic LLC.

When you register an LLC from its home state in another state, this is called a Foreign LLC.

Said another way, Foreign LLC simply means that the LLC was formed in one state, and then registered in an additional state(s). It doesn’t mean that the LLC is registered in a foreign country.

For example: Sally lives in California where she owns a Domestic LLC for her restaurant, called Paddy’s Pub LLC. The restaurant has become a massive success and she plans to open a second location in Nevada under the same name of Paddy’s Pub LLC.

To do so, she will need to register her Domestic California LLC as a Foreign Nevada LLC. And she will need a Registered Agent in each of these states.

As far as the Secretary of State is concerned, a Domestic LLC and a Foreign LLC are different entities, even though they engage in the same business activity under the same business name.

This is because LLCs are formed at the state level, and states only control the businesses that are formed or registered within their borders.

So while Sally may think of both locations of Paddy’s Pub as being 1 business, they are 2 separate entities in the eyes of California and Nevada.

This means that a Domestic LLC and a Foreign LLC would each need separate Registered Agents despite being part of the same business.

Remember, you can be the Registered Agent for any LLCs (Domestic or Foreign) that are filed in the same state where you’re a resident (as long as you meet the state requirements). For LLCs outside of the state where you live and work, you’ll need to hire a Registered Agent Service.

For more information on Foreign vs Domestic LLCs, please read Foreign vs Domestic LLC.

What states do not require a Registered Agent?

There are 2 states that don’t require you to list a Registered Agent – West Virginia and New York.

In West Virginia, the West Virginia Secretary of State automatically sends all state notices and legal documents to your LLC’s mailing address by default.

And in New York, the New York Department of State is your LLC’s Registered Agent by default.

That said, you can list an additional Registered Agent in each of these states if you’d like.

What happens if you don’t have a Registered Agent?

There are some potential consequences if you don’t list or maintain a Registered Agent with the state.

If you don’t list a Registered Agent on your Articles of Organization (or Foreign Registration), your filing will be rejected by the state.

If your LLC doesn’t maintain a Registered Agent, or if they can’t be reached, and the state finds out:

• Your LLC can lose its Good Standing status.
• The Secretary of State can administratively dissolve (“shut down”) your LLC.
• You might even lose your liability protection.

FAQs

Matt Horwitz

Founder & Educator, LLC University®

Matt Horwitz is the leading expert on LLC education, and has been teaching for 15 years. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
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.