A registered agent is an individual or business entity that’s responsible for receiving legal documents and government correspondence on behalf of your company. While you’re able to elect a third party, or any of LLC’s members, a small minority of business owners choose to perform this role themselves.
In this Can I Be My Own Registered Agent guide, we’ll explore what it means to act as your own registered agent, the legal requirements involved, and the pros and cons of handling this role yourself. Read on to learn if being your own registered agent is the right choice for you.
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What is a Registered Agent
A registered agent is a person or business entity that is lawfully authorized to receive official documents, such as tax documents or service of process, on behalf of a company. A registered agent is also known as a resident agent, statutory agent, or service of process agent.
In most states, an LLC must appoint a registered agent during LLC formation. The registered agent can be the LLC’s owner, a hired individual, or a professional service. However, the individual or service must fulfill the legal requirements set by the state.
What Does a Registered Agent Do
A registered agent has a variety of important duties that demand careful attention, however the key responsibilities of a registered agent include:
- Accepting Legal Documents: It is the role of registered agents to handle important legal paperwork (such as lawsuits and tax notices) and to accept service of process, ensuring the business is informed of any legal actions
- Forwarding Documents to the Right Person: The registered agent is also required to make sure that these legal and governmental documents concerning the business reach the appropriate person within the company promptly
- Keeping the Business Compliant: Finally, all registered agents must stay informed about current legal requirements and regulations so that they can guarantee the business meets all state registration and compliance obligations
Who Can Be a Registered Agent For an LLC
While various different individuals (and even entities) can be appointed as registered agents, that doesn’t mean anyone can carry out this role.
In fact, there are certain general requirements regarding who can serve as a registered agent for an LLC, including:
- If an individual, they must be 18 years or older and be a resident of the state they’re doing business in
- If an entity, it must have a physical address in the state and be available during normal business hours
On top of these more general rules, some states may also impose their own additional regulations. For example, LLCs in California cannot serve as registered agents in the state, while in Virginia only individuals that are attorneys or part of the company’s management can perform this role.
If you meet all of the above criteria, you’ll be eligible to appoint yourself as your company’s registered agent. However, this isn’t always the best idea (see below).
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How to Elect Yourself as a Registered Agent
After confirming that you meet the eligibility requirement to be a registered agent, all that’s left to do is to appoint yourself as one.
In most cases, this will be as simple as listing your name and address under the registered agent section of your company’s formation documents or annual report, before filing this information with the Secretary of State.
Once submitted, you will officially act as the point of contact for legal and official correspondence for your business.
Should You Be Your Own Registered Agent?
While appointing yourself as your LLC’s registered agent can save money, it demands a high level of commitment and organization. One of the main challenges is maintaining regular business hours at the registered address.
This can be particularly burdensome for a business owner who travels frequently or does not have a permanent office location. Missing an important document can lead to severe consequences, such as default judgments or penalties for non-compliance with state regulations.
Additionally, the registered agent’s address is a matter of public record — this means your personal address, if you choose to use it, will be accessible to anyone. For many business owners, this lack of privacy is a significant drawback.
Considering these factors, investing in a professional registered agent service can provide peace of mind. These services also offer the benefit of privacy and reliability, which can be invaluable for maintaining your professional image and operational efficiency.
Reasons for Using a Registered Agent Service
In many situations, hiring a professional registered agent service is more than convenient and may actually be incredibly important to the smooth operation of your company. can offer several advantages over handling the responsibilities yourself.
In fact, in the following situations it will be almost essential to hire one:
- If your business was formed in a state where it is not operating
- If your business does not have a fixed, physical street address or if you work from home
- If your business operates in multiple states
- If you, other members, or managers that are running the business are likely to be unavailable during normal office hours throughout the year
In these cases, a professional registered agent service will be essential to ensure that you will receive legal and official state documents in a timely manner.
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Alternatively, you can read more about the advantages of using one of these services in our in-depth article on the Benefits of a Registered Agent Service.
Can I Be My Own Registered Agent FAQ
Can I be my own registered agent for an LLC?
While you can be your own registered agent for your LLC, it comes with a lot of responsibility. To do so, you’ll need to fill out your details under the registered agent information section of your LLC formation document.
You can read more about the other steps associated with starting a business in our How to Start an LLC guide.
How much does it cost to assign a registered agent?
It depends if you’re hiring an individual as your LLC’s registered agent. Many registered agent services typically cost between about $100 and $500 a year (state fees included). Find out the cost of hiring a registered agent with our How Much Does a Registered Agent Cost guide.
Why should I use a registered agent service?
While you may not need a registered agent service, it’s certainly far more convenient for businesses to hire a registered agent.
They accept important documents on your behalf at their resident agent address, meaning you can avoid unwanted visitors from showing up at your business address — giving your business greater privacy and peace of mind.
Can I change my registered agent for my LLC?
Yes, you can change your LLC’s registered agent by filing the appropriate paperwork with your state’s business filing office.
This process typically involves submitting a formal amendment or update to your LLC formation documents, along with any required fees. It’s important to ensure continuity of service during the transition to avoid any lapse in legal compliance or missed notifications.