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Do i Need a Registered Agent?
Do I need a Registered Agent in my jurisdiction? The answer to this question is most likely yes. Today, virtually all states in the U.S. require business entities, including Limited Liability Companies (LLC’s), to designate and maintain a Registered Agent. To find out the exact requirements for the state in which you plan to form your LLC, contact the local authorities or a company offering incorporation services.
Do I need a Registered Agent for an LLC? Yes, you probably do. Today, a Registered Agent is mandatory for LLC’s in virtually all states in the U.S.
Do I need a Registered Agent and what happens if a fail to maintain one? Failing to maintain a properly functioning Registered Agent with a Registered Office for your LLC is serious, since it may cause your enterprise to loose its LLC status altogether. Failure to maintain a Registered Agent can lead to an administrative dissolution of your LLC. If your LLC have a certificate of authority that permits it to conduct business in a specific state, the certificate can be revoked.
Another problem with not maintaining a properly functioning Registered Agent is that claims and other important legal documents may not reach your LLC, and this in turn can lead to default judgments against your LLC.
Do I need a Registered Agent and can I be my own Registered Agent? This will depend on your particular situation and preferences. In most cases, it is perfectly legal for you to be the Registered Agent for your own LLC. The problems are of a more practical nature. A Registered Agent must always be available during business hours to accept legal documents on behalf of the LLC. If you spend each and every day in your office, being the Registered Agent for your own LLC is quite easy, but if you for instance spend your days with clients in various locations, being your own Registered Agent can prove impossible. This is important to think through before your appoint yourself as Registered Agent, because if you accept to be the Registered Agent for you LLC and then fail to live up to the task, it can cause serious problems for your LLC and even lead to its termination. Here are a few questions that you should think through before you decide to become the Registered Agent for you own LLC.
- Do you want to be able to leave your office during business hours, e.g. to deal with clients?
- Do you want to be able to go on vacation?
- Do you want legal documents, such as legal proceedings, to arrive to your business office where the serving may get noticed by clients, business associates and neighbors?
- Do you want to go through the necessary procedures and change the registered office address for the Registered Agent every time you relocate your office?
- Do you want to be able to move your office to another state?
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