In most states, you have several options for who can be your Registered Agent:
- you
- a friend or family member
- your LLC itself (only allowed in a few states)
- a Registered Agent Service
- an attorney
- a CPA
Regardless of who you choose, they’ll need to meet the state requirements.
We’ll explain your options and the Registered Agent requirements, so you can choose the best option for your LLC.
Note: Most states use the term “Registered Agent”, but some use the terms “Resident Agent“, “Statutory Agent“, or “Agent for Service of Process“. They all mean the same thing.
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)
What is a Registered Agent?
A Registered Agent is a person or company who agrees to accept state notices and legal documents on behalf of your LLC.
What are the Registered Agent requirements?
All Registered Agents are required to:
- have a physical address in the state where your LLC is located.
- be available at that address during normal business hours (9am – 5pm), Monday through Friday.
If your Registered Agent is a person, they must also be at least 18 years old and a resident of the state where your LLC is located.
If your Registered Agent is a business, it must be authorized to do business in that state.
Registered Agent information is public record
It’s also important to know that the Registered Agent’s street address will be listed on public record when you file your LLC Articles of Organization.
The Articles of Organization is the document that, once filed with the Secretary of State, officially creates your LLC.
All LLCs are required to list their Registered Agent’s name and address on their Articles of Organization. And they must maintain up-to-date information for their Registered Agent.
This allows the state and courts to find your Registered Agent in case they need to send state notices or legal documents to your LLC.
The public record requirement means that if you list your home address as the Registered Agent’s street address, then your home address would be on public record.
Which option should I choose for my Registered Agent?
The option you should choose depends on:
- meeting the state requirements, and
- being comfortable with the Registered Agent address being made public record.
Being your own Registered Agent:
Being your own Registered Agent is a great way to save money if:
- you meet the state requirements, and
- are comfortable with your street address being on public record.
However, if you run your LLC out of your home, this also means that your home address will be public record.
If you don’t meet the state requirements (or if you aren’t comfortable with your address being on public record), you’ll need to ask a friend or family member who meets the requirements.
They should also be comfortable with their address being on public record.
Alternatively, you can hire a Registered Agent Service.
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)
For more information, please read Pros and Cons of being your own Registered Agent.
Asking a friend or family member:
Asking a friend or family member is a great way to save money if:
- your friend or family member meets the state requirements, and
- are comfortable with their street address being on public record.
For example: Let’s say you start an LLC in Ohio, but you live in North Carolina. If you have a friend or family member who lives in Ohio, they can be the Registered Agent for your LLC.
Remember, if they list their home address as the Registered Agent address, it will be public record.
If you don’t have a friend or family member who meets the state requirements (or if they aren’t comfortable with their address being on public record), you’ll need to hire a Registered Agent Service.
Listing your own LLC as the Registered Agent:
Only 6 states allow you to list your LLC as its own Registered Agent.
That said, if you live in one of the following states, doing so is a great way to save money:
Hiring a Registered Agent Service:
Registered Agent Services specialize in receiving and forwarding state notices or legal documents for your business. Some states call these “Commercial Registered Agents.”
Once they receive state notices or legal mail for your LLC, they’ll upload them into an online dashboard. Some also forward the documents by regular mail.
Hiring a Registered Agent Service is a great option if you:
- don’t meet the state requirements, or
- aren’t comfortable with your address being on public record.
In this case, we recommend hiring Northwest Registered Agent.
Northwest has been in business for 28 years and they have excellent customer support. They will also let you use their business address throughout your LLC paperwork so you can keep your address off of public record.
And if you hire them to form your LLC, they’ll give you 1 year of Registered Agent Service for free.
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)
Asking your current Attorney/CPA:
An attorney or CPA may be a good option if you:
- already use one, and
- prefer to keep all of your business services “under one roof”.
That said, attorneys and CPAs charge higher rates for Registered Agent services than other options do. And providing Registered Agent services isn’t their specialty or priority.
This means they may call or email you instead of scanning your mail into a modern online dashboard, which could result in delayed notifications.
Summary
Choosing the right Registered Agent for your LLC really depends on the state requirements and what’s most important to you.
If saving money is your priority, then listing yourself, a friend or family member, or your LLC itself are all great options.
If privacy and expertise are more important to you, then hiring a Registered Agent Service is the way to go.
We only recommend using an attorney/CPA if you’ve already hired them for other services because these two are the most expensive options.
For more information, please read How to Choose a Registered Agent.
FAQs
Does a Registered Agent have to be a person?
No, a Registered Agent doesn’t have to be a person.
You can also hire a Registered Agent Service.
Additionally, a few states allow you to list your LLC as its own Registered Agent.
While you can technically hire an attorney or CPA to be your Registered Agent, we don’t recommend these options because they’re expensive.
How to become a Registered Agent
You can become a Registered Agent for your LLC by:
- making sure you meet the state requirements, and
- listing your information in the Registered Agent section of your LLC formation paperwork.
Can a Registered Agent be an Owner of an LLC?
Yes, a Registered Agent can be an Owner of an LLC as long as they meet the state requirements.
That said, being the Registered Agent doesn’t automatically make someone an LLC Owner (called an LLC Member).
Can my spouse be the Registered Agent for my LLC?
Yes, your spouse can be the Registered Agent for your LLC, as long as they meet the state requirements.
That said, whether or not they’re your best option depends on a few factors – like whether your spouse is comfortable with their name and address being on public record.
It’s also important to know that listing your spouse as the Registered Agent doesn’t give them any rights to the LLC. To give them rights to the LLC, you’d need to make them an LLC Member (owner).
For more information, please read Can my spouse be my Registered Agent?
Can a Trust be a Registered Agent for an LLC?
No, a Trust can’t be a Registered Agent.
That’s because a Registered Agent must be a person or business entity. And a Trust is neither (it’s a legal agreement).
However, a Trustee can be a Registered Agent as long as they meet state requirements.
To learn more, please see Can a Trust be a Registered Agent?
What are the risks of a person being my Registered Agent?
The risks of a person being a Registered Agent are:
- missing an important notice from the state
- losing Good Standing status
- administrative dissolution
- missing an important legal document (and potential legal consequences)
These issues are more likely to occur if your Registered Agent:
- moves and forgets to update the address with the state
- travels or leaves town for extended periods of time
- doesn’t have a reliable address
- isn’t available during regular business hours
- doesn’t keep up with the mail
When filing for an LLC who is the Registered Agent?
When filing your LLC formation paperwork, the Registered Agent is whomever you decide to list in the Registered Agent section.
You can select any of the Registered Agent options listed above as long as they meet the state requirements.
Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(We recommend Northwest. We've reviewed all the top companies in the industry. And Northwest is our #1 pick for prices, customer support, and address privacy. Check out Northwest vs LegalZoom to learn more.)
Why does an LLC need a Registered Agent?
Your LLC needs a Registered Agent because it’s required by law, and they’re an important part of how our legal system works.
If the state or the courts need to contact your business, they will reach out to your Registered Agent.
For example: If your LLC becomes involved in a lawsuit, the courts may send a person called a “Process Server” to deliver legal documents (called “Service of Process) to your Registered Agent’s address.
Service of Process includes documents like:
- a notice
- a writ
- a summons
- a subpoena
- etc.
The Registered Agent will accept the paperwork on behalf of your LLC, and then forward the paperwork to you (the business owner) so you can review it and take action. And the courts can have a record that the paperwork was sent and received.
For more information, please read Why does an LLC need a Registered Agent?
What states do not require a Registered Agent?
There are 2 states that don’t require a Registered Agent – West Virginia and New York.
In West Virginia, the West Virginia Secretary of State automatically sends all Service of Process to your LLC’s mailing address by default.
And in New York, the New York Department of State is your LLC’s Registered Agent by default.
That said, you can list an additional Registered Agent in each of these states if you’d like.
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.