A Registered Agent is a person or company who agrees to receive legal documents and state notices on behalf of your LLC.
And the duties of a Registered Agent are simply to receive these documents, then forward them to the LLC owner.
We’ll explain the Registered Agent responsibilities under state law.
We’ll also explain what duties you’ll still be responsible for (but might be able to hire your Registered Agent to complete).
Note: In some states, a Registered Agent may also be called a Statutory Agent, Resident Agent, or Agent for Service of Process. These 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)
What does a Registered Agent do?
A Registered Agent’s duties are to:
- be available at a set address during regular business hours
- accept state notices (like Annual Report reminders) on behalf of an LLC
- accept legal documents (called Service of Process) on behalf of an LLC
- forward any documents they receive to the LLC owners (called Members)
What is Service of Process? Service of Process is the delivery of legal documents (like a subpoena, summons, or a notice of a lawsuit).
How does Service of Process work?
Service of Process is delivered to your Registered Agent at their office address listed in your LLC Articles of Organization.
Service of Process can be delivered by certified mail, or in person by a Process Server.
Process Servers work during regular business hours (9am to 5pm, Monday through Friday).
This is why the Registered Agent needs to be available at a set address during these hours.
What happens if my Registered Agent is served?
If Service of Process arrives for your LLC, your Registered Agent will accept it on your behalf, and forward the legal documents to you.
Then you can follow the court’s instructions and decide whether or not you need an attorney.
Do Registered Agents file Annual Reports?
No, Registered Agents don’t file Annual Reports in their capacity as Registered Agents.
They simply accept state notices reminding you to file your Annual Report.
Filing the Annual Report is the duty of the LLC owners (Members).
That said, some Registered Agent Services will file your LLC Annual Report for an additional fee.
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)
Can a Registered Agent open a bank account?
No, a Registered Agent can’t open a bank account on behalf of an LLC.
Only LLC Members can open an LLC bank account. And all of the Members must be present in order to open the bank account.
Registered Agents are only authorized to accept and forward state notices and legal documents on behalf of an LLC.
Can a Registered Agent sign on behalf of an LLC?
No, a Registered Agent can’t sign on behalf of an LLC. Said another way, Registered Agents can’t enter into any contracts or agreements on behalf of an LLC.
A Registered Agent’s duties are only to receive documents on behalf of the LLC, and then forward the documents to the LLC Members.
That said, if you hired a Registered Agent Service to also file your Annual Report, then you have probably given them the authority to sign that specific document on behalf of your LLC.
Can I be my own Registered Agent?
Yes, you can be your own Registered Agent as long as you meet the Registered Agent requirements.
However, it’s important to know that a Registered Agent’s address will be on public record.
If you’re comfortable with your address being on public record, being your own Registered Agent is a great way to save money.
If you aren’t comfortable with your address being on public record, we recommend hiring Northwest Registered Agent.
They’ll let you use their address throughout your LLC paperwork, so you can keep your address off of public record.
What are the risks of being your own Registered Agent?
There are some risks of being a Registered Agent for your LLC. They aren’t likely to occur, but if they do, you could lose your liability protection.
Most of the risks of being a Registered Agent are related to missing the delivery of legal documents and notices from the state.
If you miss the delivery of these important documents:
- You could lose your good standing with the state.
- Your LLC could be administratively dissolved (“shut down”).
- You could miss a court date or filing.
This might happen if you move and forget to notify the state of your new address, if you travel a lot, or don’t check your mail regularly.
If you travel a lot or don’t check your mail regularly, we recommend hiring a Registered Agent Service.
They’ll make sure that you meet the state requirements and receive your state notices and legal mail in a timely manner.
The company we recommend is Northwest Registered Agent.
Northwest has been in business for 28 years and they have excellent customer support.
And if you hire them to form your LLC, they’ll give you 1 year of free Registered Agent Service.
You can read more about why we think Northwest is the best in our Northwest Registered Agent review.
Registered Agent Duties FAQs
Can a Registered Agent be held liable?
No, a Registered Agent can’t be held liable for any of the LLC’s lawsuits or debts.
Accepting documents on behalf of the LLC doesn’t 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 doesn’t 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 owner. That’s because an LLC protects your personal assets.
A Registered Agent could only be liable for a lawsuit if they failed to accept important documents on behalf of your LLC, or failed to forward important documents to the LLC in a timely manner.
(In this case, they would be sued as a Registered Agent, and not as the LLC. They still aren’t liable for the LLC’s debts or obligations).
And this is why it’s important for a Registered Agent to be at an address in the same state as the LLC during normal business hours.
For more information, please read Can a Registered Agent be held liable?
Can I change my Registered Agent?
Yes, you can change your Registered Agent whenever you want, and as much as you want.
In most states, this is done by filing a document called a Statement of Change of Registered Agent, or by updating the Registered Agent’s information in your LLC Annual Report.
Both of these forms are submitted to the Secretary of State’s office, just like your LLC Articles of Organization.
What are the Registered Agent requirements?
The requirements for who can be a Registered Agent are similar in most states.
In general, Registered Agents must:
- have a physical address in the state where the LLC is located, and
- be available during normal business hours at that address.
If your Registered Agent will be a person, they must also be at least 18 years old and be a resident of the state where the LLC is formed.
And they should be comfortable with their name and address being on public record.
If your Registered Agent will be a business (like a Registered Agent Service), they must be registered to do business in the state where your LLC is formed.
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.