Sunday, March 6, 2022

Can I be my own Registered Agent?

If you have a physical address in the state where you form your LLC or corporation, you could name that address as your company’s registered office and yourself. You cannot name your new company as its own registered agent, this is prohibited.

If you choose to be your own company's registered agent, then it is important to be aware that there are a couple states that allow your company to serve as its own registered agent, so it is important to check with the state you are registering in.

The biggest advantage to being your own registered agent is that it is the most convenient. It's also the most cost effective option for startups.

While cost is an advantage, there are larger concerns to consider about being your own registered agent. It is possible for a small business owner to act as a registered agent. However, much like the requirements that come with acting as an registered agent, you need to ask and answer the following questions before deciding if you are ready for the role of acting as your own registered agent.

Lack of Privacy - A problem many startups encounter is that the business has no physical location. Often, startup owners decide to use their home address. By using your home address as your registered agent address, your information will be listed on the Secretary of State website and will be a matter of public record. That means anyone can access your home address and personal information. If you don’t want to list your home address and personal information, hiring a registered agent service will solve this problem. 

Learn How to Maintain Privacy Protection with Your Home Address for Your Business.

Travel & Hours - If you travel frequently, set your own hours, meet clients away from your home, or are not in the location of your business, you are more likely to miss a government issued delivery. It is required that the registered agent be available during normal business hours. You cannot step out for a few hours and miss the possible chance of an important document's delivery. If you cannot receive documents during normal business hours acting as your own registered agent is not for you.

Lack of Expertise - Compliance and legal processes need to be processed and filed accordingly, that takes time that goes into sitting down with the documents, opening them, reviewing them and organizing them. You must treat these documents in a timely manner to ensure that your business does not miss critical deadlines. 

The improper handling or failure to successfully handle the Service of Process can have serious adverse consequences for the business. If this is not your level of expertise, then there is a high risk of falling into bad standing with the state plus penalties and fees. If you know you don't have the bandwidth to sit down and organize documents on your own, it may not be in your best interest to act as an registered agent.

For LLCs and corporations, a registered agent service is essential to maintaining good standing and keep your business running without encountering compliance issues. 

Compliance requirements can be both time and labor intensive, often requiring the completion of lengthy and sometimes confusing forms using information from various sources. By using a registered agent service for your business, you will be confident that you can avoid risk of non-compliance so you can avoid penalties and fees by the state as well as save time to run your business. 

A registered agent service also provides many benefits of privacy, convenience, and staying on top of all legal and government documentation in a timely manner for your business.


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