What is a Nevada Registered Agent?
Before filing your Articles of Organization with the Nevada Secretary of State (discussed in the next lesson), you need to choose a Registered Agent for your Nevada LLC.
A Nevada Registered Agent is a person or company who agrees to accept legal mail (known as “service of process”) on behalf of your Nevada LLC in case your business gets sued.
The Nevada Secretary of State will also use your Registered Agent’s address as your LLC’s point of contact for official notices sent to your business.
As per Section 86.231, your LLC’s Registered Agent must have a physical street address located in the state of Nevada. Your Nevada Registered Agent address can’t be a PO Box address.
Your Nevada Registered Agent should also be available (generally speaking) during normal business hours (9am – 5pm) in case Service of Process arrives. Service of Process for an LLC includes the delivery of legal documents such as complaints, summons, and subpoenas.
Your LLC’s Registered Agent is a key component to how the court and legal systems work. By requiring all Nevada LLCs to have (and continuously maintain) a Registered Agent on file with the state, the delivery of legal mail and court documents can be tracked and accounted for.
This is similar to how ‘certified mail return receipt’ works, but in the legal world, this is how process servers (people delivering legal documents) create a record that something was delivered.
Special offer: If you hire Northwest to form your LLC ($39 + state fee), they’ll include their Registered Agent service free for the 1st year.
Can I be my own Registered Agent in Nevada?
Yes, you can be your Nevada LLC’s Registered Agent, as long as you have a street address located in the state. You can be a resident of Nevada or a resident of another state; it doesn’t matter, as long as you have a street address in Nevada.
However, you actually have 5 options when forming an LLC in Nevada:
Option 2: Your LLC can be its own Registered Agent.
Option 3: You can list an office or position (ex: president, office manager, etc.) within your LLC as its Registered Agent.
Option 4: A friend or family member can be your LLC’s Registered Agent.
Option 5: You can hire a Nevada Registered Agent Service, also known as a Commercial Registered Agent.
Registered Agent Information is Public Record in Nevada
While you do have the option to be your Nevada LLC’s Registered Agent (or use a friend or family member), you may not want to have your address listed on the public records.
The information you enter in your LLC’s Articles of Organization becomes public record with the Secretary of State.
Not only is this information searchable by the public, but other websites download the state’s records and republish them on their website. Then things begin to multiply as other “public record websites” take that same information and list it on their website again (and the process repeats itself).
Pretty soon your address is listed on various websites and people can easily find it by doing a google search.
There is a solution though if you’d like to keep your address off public records. We’ll discuss this below.
What’s the best Registered Agent option to choose?
Option #1 (You):
If you have a street address located in Nevada, are available during business hours, and don’t mind your address being on public record, then you can be your LLC’s Registered Agent.
Option #2 (Your LLC):
This option creates a bit more privacy than option #1 since instead of your name being listed as the Registered Agent, it’ll just be the LLC’s name. However, if you operate the business from your home, then your home address will be used here.
Option #3 (Office or position):
This is very similar to option #2 in that it offers more privacy than option #1, however, there isn’t really a difference between listing the LLC as its own Registered Agent versus listing an office or position (such as “president”, “office manager”, “secretary”, etc.)
Option #4 (Friend or family):
If you don’t have a street address located in Nevada, but you have a friend or family member who does, they can be your LLC’s Registered Agent. They’ll need to be available during business hours and they shouldn’t mind having their address listed on public record.
Option #5 (Registered Agent Service):
If you don’t have a street address in Nevada (or you’d rather not use it for this purpose), you can hire a Registered Agent Service in Nevada. This offers the most privacy as you won’t need to use your name or your address in your LLC’s Articles of Organization.
Nevada Registered Agent Service
Note: The terms “Registered Agent Service” and “Commercial Registered Agent” mean the same thing. We will use the terms interchangeably.
A Nevada Registered Agent Service specializes in receiving Service of Process (legal mail) on behalf of your LLC.
Most Registered Agent Services in Nevada cost between $100 and $300 per year.
The Registered Agent Company we recommend in Nevada is Northwest Registered Agent ($125 per year).
Why we recommend Northwest Registered Agent
Northwest Registered Agent is our personal recommendation (and the service we use ourselves) because they’ve been in business for over 20 years, have great customer service, and they let you use their address in your entire LLC filing in order to keep your address off public records.
How to keep your address off public records:
Many filers in Nevada start businesses from their home. For this reason, it’s important to know that your LLC’s Registered Agent address (and all addresses listed in your LLC Articles of Organization) become a part of public record.
If you want to keep your address off public record, you can hire a Registered Agent that will allow you to use their address as your LLC’s address. The only company that allows this is Northwest Registered Agent. They offer Registered Agent services for $125 per year and they’ll let you use their address throughout your entire LLC filing (Registered Agent address, members/managers address, and the organizer’s address).
Any mail that is sent to your LLC will be scanned by them and uploaded into your online account.
Special discounted pricing for LLC University® readers
Northwest usually charges $100 + state fees to form an LLC. However, we’ve negotiated a discounted rate (60% off) for LLC University® readers.
Risks of being your own Registered Agent in Nevada
As mentioned above, you can be your own Registered Agent in Nevada.
Besides the address privacy we mentioned, are there any risks to being your own Registered Agent?
In short, there are risks. They are not extremely likely to occur, but if they do, you could lose your liability protection and the Nevada Secretary of State has the power to administratively shut down your Nevada LLC if you’re not in compliance with state laws.
This can happen if you don’t “continuously maintain” (always have) a Registered Agent on file, or if the Division is unsuccessful in reaching your LLC’s Registered Agent.
In addition, as per Chapter 77 Section 420, the state has the authority to charge up to $1,000 if a Registered Agent fails to comply with an order.
Additionally, if a process server (a person who serves court documents and notices of lawsuits) is unsuccessful in reaching your Nevada Registered Agent (or is unsuccessful in serving your LLC through the Secretary of State), a court case can proceed in your absence and you might not even know about it. Worse, the court could enter a default judgment against your LLC if you aren’t there to defend yourself.
A few reasons a process server might not be able to reach your Nevada LLC’s Registered Agent:
- you, your friend, or family member are not there during business hours
- you/they are on vacation or out of town
- you/they moved and you forgot to file a Change of Registered Agent with the state
Next Step: Articles of Organization
Once you determine who will serve as your Nevada LLC’s Registered Agent, you can then proceed to the next lesson: Nevada LLC Articles of Organization.
If you plan on hiring a Nevada Registered Agent Service (a Commercial Registered Agent), please do so before going to the next step. You’ll need their address for your Articles of Organization.
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Nevada Revised Statutes: Section 77.040
Nevada Revised Statutes: Section 77.140
Nevada Revised Statutes: Section 77.310
Nevada Revised Statutes: Section 77.340
Nevada Revised Statutes: Section 77.390
Nevada Revised Statutes: Section 77.400
Nevada Revised Statutes: Section 77.420
Nevada Revised Statutes: Section 86.121
Nevada Revised Statutes: Section 86.231
Nevada Revised Statutes: Section 86.236
Nevada Revised Statutes: Section 86.261
Nevada Secretary of State: Registered Agents
Nevada Secretary of State: Registered Agent Listing
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