Good news – a Statutory Agent is the same thing as a Registered Agent.
We’ll explain what a Registered Agent is, and why different states use different names for the same role.
What is a Registered Agent?
A Registered Agent is a person or company who agrees to accept legal mail on behalf of your LLC.
You can think of them as a “receiver” and “forwarder” of important documents.
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What’s the difference between a Statutory Agent vs Registered Agent?
There’s no difference between a Statutory Agent and a Registered Agent. They both refer to the same thing.
What is another name for a Registered Agent?
Other names for Registered Agents include:
These all mean the same thing: the person or company who accepts legal documents for your LLC, and then forwards them to you.
Why does a Registered Agent have so many names?
The short answer is that LLC laws are made at the state level.
This means that each state independently makes their own LLC laws, and chooses which name to use.
Most states use the name “Registered Agent“. But a few states use a different name.
For example:
- Arizona and Ohio use the term “Statutory Agent”.
- Kansas and Maryland use the term “Resident Agent”.
- And West Virginia uses the term “Agent for Service of Process”.
While each of the names may sound different, they all mean the same thing.
And it makes a lot more sense when you break down what each of the terms mean.
In legal terms, an “Agent” is a person or company who is authorized to act on behalf of another person or company.
And “Registered” refers to the state’s requirement that all business entities list (aka “Register”) a person or company in their Articles of Organization.
“Statutory” refers to laws that are created by a legislative body, like Congress or the State Legislature.
And “Resident” refers to the requirement that Registered Agents must be a resident of the same state as the LLC they serve.
A handful of states use a longer term – “Agent for Service of Process”. This name literally spells out the definition and purpose of a Registered Agent (a person or company who accepts Service of Process).
Do I need a Registered Agent?
Yes, all LLCs are required to keep a Registered Agent on file with the Secretary of State for as long as the LLC exists.
Why do I need a Registered Agent for my LLC?
You need a Registered Agent because LLCs are required by law to have one.
And Registered Agents are also an important part of how our legal system works.
The good news is that you have a few options for who can be the Registered Agent for your LLC. Some of them are free, and some of them cost money.
Note: For more information, please see Why do I need a Registered Agent for my LLC?
Who can be the Registered Agent for an LLC?
In most states, you have 3 options for who can be your LLC’s Registered Agent:
- you
- a friend or family member
- a Registered Agent Service
Can I be my own Registered Agent?
Yes, you can be your own Registered Agent for your LLC.
If you meet the requirements, this is a good way to save money.
That said, it’s important to know that the Registered Agent information is public record. This means that if you’re the Registered Agent, then your name and address will be on public record.
If you aren’t bothered by your address being public, then being your own Registered Agent may be a good option.
It’s important to choose a reliable Registered Agent
No matter who you choose as your Registered Agent, it’s important that your Registered Agent is reliable.
Why? If your Registered Agent misses Service of Process or fails to forward important notices from the state, you’re still responsible for the instructions or obligations that were in the documents.
For example:
- If your LLC is involved in a lawsuit and no one accepts Service of Process, the court case may proceed without you. And the court could rule in favor of the other party in your absence (called a default judgment).
- Similarly, if you fail to receive an important notice, like an LLC Annual Report reminder, you may be charged with late fees or penalties (like shutting down your LLC).
Tip: A good way to avoid potential issues (and keep your address off public records) is to hire a Registered Agent Service. For our recommendations, please see Best Registered Agent Services.
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.
