A Registered Agent is a person or entity who is designated to be available during normal business hours to receive service of process on behalf of another entity.
Dude! What’s that mean in English please?
Simply put, every corporation, LLC, LP, and other entity type is required in most states to hire and keep a Registered Agent. Their job is generally to do one thing: Accept legal paperwork from the courts of that state on behalf of another company and forward them onto the company that hired them. So when the Sherriff comes knocking on the door and says “You’ve been served!”, it is the Registered Agent who gets served on your behalf.
Alongside this is the Registered Office. This is quite simply the address within the state in question where the Sherriff can find the Registered Agent during normal business hours.
WHO CAN BE A REGISTERED AGENT?
While the rules vary between states, in general, any “high ranking official” within a company can be the Registered Agent. This typically includes, but not limited to, a majority owner, a member of the board of directors, the President or Secretary of the company, etc. Third parties that can be a registered agent typically are either a Commercial Registered Agent (such as Chesspin) or an attorney or law firm associated with the company. In a few states, such as Delaware, the company can be its own agent if they have their headquarters or another office site in the state.
EXCEPTIONS
There are a handful of exceptions to this rule, and sometimes the Registered Agent will be referred to in a different manner, such as a “Resident Agent” or, if they want to get all fancy, “Agent Designated for Service of Process”.
However, a few states take it further (this is NOT legal advice, just FYI and is subject to change):
- CONNECTICUT: Connecticut allows certain foreign (read as “out of state”) entities to simply designate the Secretary of State as their Registered Agent. Domestic (in-state formed) entities cannot use this options.
- NEW YORK: The Secretary of State is required to be designated as the Registered Agent for all entities and a mailing address must be provided. New York will also allow a secondary Registered Agent as well.
- PENNSYLVANIA: Pennsylvania Department of State does not require Registered Agents but do require Registered Offices that must be in Pennsylvania. For entities, not having a physical address in Pennsylvania, a “Commercial Registered Office Provider” (aka C.R.O.P.) may be hired. These are functionally similar to Registered Agents.
- VIRGINIA: Virginia has limited who may act as a Registered Agent. Mostly this is someone associated in a specific way, an attorney, or another entity.
WHY SHOULD I HIRE A REGISTERED AGENT?
A Registered Agent in many cases will provide services beyond just accepting service of process. In many states, they also receive important correspondence from the Secretary of State (such as status changes and annual report requirements) and can assist with filings in that state. This gives you piece of mind, so you don’t miss something important.
DOES CHESSPIN OFFER REGISTERED AGENT SERVICE?
Chesspin Corporation is a registered agent in the State of Delaware. We also have a network of Registered Agents around the United States so finding you an agent is easy. Prices vary depending on the state and level of service required. Contact us to get started.