An Agent for Service of Process is a person or company who receives legal documents and notices for an LLC.
Said another way, an Agent for Service of Process is a receiver and forwarder of documents.
What does an Agent for Service of Process do?
If your business gets involved in a lawsuit, an Agent for Service of Process will accept legal mail (called “Service of Process”) for your LLC.
After your Agent for Service of Process accepts Service of Process for your LLC, they will send you the documents, so you can follow the court’s instructions and decide if you want to hire an attorney.
Is an Agent for Service of Process the same thing as a Registered Agent?
Yes, an Agent for Service of Process is the same thing as a Registered Agent.
In fact, most states call the Agent for Service of Process a Registered Agent. And a few states use the terms Resident Agent or Statutory Agent.
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”.
These all mean the same thing: the person or company who accepts legal documents for your LLC, and forwards them to you.
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)
Is an Agent for Service of Process required?
Yes, LLCs are required to have and keep an Agent for Service of Process for as long as the LLC exists.
And they’re required to keep the agent’s name and address up-to-date with the Secretary of State.
There are 2 exceptions to this:
- West Virginia
- New York
In West Virginia, Agents for Service of Process aren’t required.
And in New York, the Secretary of State acts as the Agent for Service of Process for all LLCs by default. This means that if your LLC is involved in a lawsuit, Service of Process will be delivered to the Secretary of State. And they’ll forward the Service of Process to your LLC.
That said, both states allow you to list an additional Agent for Service of Process if you’d like.
Why do I need an Agent for Service of Process for my LLC?
You need an Agent for Service of Process to make sure that you receive any legal documents or state notices in a timely manner.
Agents for Service of Process are an important part of how our legal system works.
When a business becomes involved in a lawsuit, the court sends a Process Server to deliver the documents to the Agent for Service of Process.
And after the documents have been delivered to the Agent for Service of Process, the Process Server reports back to the court that the documents were successfully delivered.
This way, the courts can track and confirm the delivery of legal mail.
If you miss or ignore Service of Process for a lawsuit, then the court case will continue without you. And this may lead to a default judgment against your LLC.
Meaning, the court will let the other party argue their case without you being there, and then the court will often rule in their favor.
Who can be an Agent for Service of Process for an LLC?
In most states, you have 3 options for who can be your LLC’s Agent for Service of Process:
- you
- a friend or family member
- a Registered Agent Service
Can I be my own Agent for Service of Process for an LLC?
Yes, you can be your own Agent for Service of Process for your LLC.
If you (or a friend or family member) plan to be the Agent for Service of Process for your LLC, it’s important to keep in mind that an Agent for Service of Process’s name and address are on public record.
Agent for Service of Process information is public record
An Agent for Service of Process’s information is required to be kept on file and up-to-date with the Secretary of State in the state where the LLC is formed.
This means that an Agent for Service of Process’s name and address are on public records.
We recommend hiring Northwest Registered Agent
If you’d like to keep your address off public records, you should consider hiring a Registered Agent company.
The company we recommend, Northwest Registered Agent, can serve as your Agent for Service of Process, and let you use their office address throughout your LLC filing (so you don’t have to use yours).
Northwest offers this unique service at no additional cost when you hire them for their 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.
