What is a Registered Agent?
In short, a registered agent is the point of contact between your business and the government, leaving you free to manage your business and service clients or customers. The registered agent needs to have a physical address in the same state you are conducting business in (a PO box is not sufficient) and must be available to receive government or legal notices during normal business hours. Anderson Advisors has a Registered Agent Service to handle this for you.
In all states, a registered agent must be named in the document forming a corporation or LLC. Your registered agent will manage important legal documents on behalf of your business and can represent your company in the event of a lawsuit. Here are a few of the details they will handle for your business:
5 Things Registered Agents Do for your Business
- Accept and Forward Tax Documents
- Accept and File Compliance Documents
- Respond to Service of Process Notifications
- Serve as the Physical Address in that state for your Business
- Help make sure your Business remains in good standing
1. A Registered Agent will Accept and Forward Tax Documents
Only two things are certain in life: death and taxes; hopefully, death won’t happen to your business, but taxes certainly will. Whether your business operates in one state or multiple, taxes are always a real headache and there are potentially punitive repercussions for avoiding them (even by accident). It’s important to choose a registered agent who can forward your tax documents on time and employ a successful tax strategy for your business.
2. Registered Agents Accept and File Compliance Documents
Your registered agent can help you stay abreast of important compliance documents, along with accepting and filing them on your behalf. Business owners know that federal, state, county, and city-issued documents can pile up, creating a layered headache that’s nearly impossible to manage. Instead of juggling dates, wading through the legalese, and dealing with the city or county clerk’s office, a registered agent can do all this for you.
3. A Registered Agent will Respond to Service of Process Notifications
A registered agent can accept and respond to service of process notifications (court summons). If you have a client-facing business such as a restaurant, consulting firm, or retail venture, you can avoid the embarrassment and frustration of getting served legal notices in front of your clients or customers, so your registered agent will take one for the team and notify you at a more appropriate time.
4. Registered Agents Serve as the Physical Address for your Business
For digital businesses, where you work across state lines, utilizing a registered agent service is the simplest solution to having a physical address in the state you are conducting business in. This is perhaps the easiest first step to protecting your assets and your business.
5. A Registered Agent will Help Your Business Remain in Good Standing
One of the most basic tasks a registered agent will do is help you make sure your business remains in good standing. Their goal is to manage tax, legal, and compliance paperwork on your behalf to make sure your doors stay open for business (whether those doors are physical or digital). Keeping a business in good standing sounds like a simple task, but it has many moving parts and if even just one of them goes unnoticed, your business could face serious consequences
The Difference Between Commercial and Noncommercial Registered Agents
Some states need to know if your third-party representative is a commercial agent or a noncommercial agent.
What is a Commercial Registered Agent?
Commercial Registered Agents have filed a listing statement with the Secretary of State (for that state). The state may require this action because they’re serving as the registered agent for a certain number of businesses. For example, in Delaware, if they are the point of contact for 50 or more businesses, they must be registered as a Commercial Registered Agent. In summary, a commercial registered agent is in the business of serving as a registered agent.
What is a Noncommercial Registered Agent?
Noncommercial Registered Agents have not filed a listing statement with the Secretary of State (for that state). They might even be a private individual, as opposed to a business or LLC. However, some states require or strongly suggest that your business assign a commercial agent (to name a few: Montana, Nevada, Idaho, South Dakota, North Dakota, Wyoming, Delaware, Maine, and Pennsylvania).
Do You Need a Registered Agent?
An LLC or corporation cannot be its own agent, but you (or a person in your company) can serve as your registered agent. There are many reasons why hiring a responsible attorney to be your registered agent is best for your business.
By having a competent registered agent handle the compliance end of your business, you’ll be free to take care of other things. These include maintaining your business, expanding operations, servicing your clients and customers, and making time for your personal life. The appeal of a registered agent increases when they can also triple up as a law firm and your tax advisor. These are concerns you would probably outsource anyway.
Don’t risk delegating these tasks to one of your employees. They certainly have enough work to do and could forget important dates and documents. Outsourcing allows business owners to focus on what matters particularly driving down costs. On the other hand, business owners who keep everything in-house may not enjoy the benefits of outsourcing their registered agent.
Of course, one of the biggest appeals of appointing a registered agent is decreasing your personal liability. This is something every business owner desires.
The Importance of Limiting Personal Liability
If you’re a serious business owner, you’ve probably set up something like an LLC to separate yourself and your assets from the business. For real estate investors, setting up an LLC is essential since landlords are constantly at risk from tenant-generated lawsuits. Investors who flip homes are also at risk from construction-related accidents, and even unlawful trespassers. Real estate investors who are buying, selling, and renting out properties are very busy juggling multiple tasks. They are more prone to transgressing a compliance issue due to negligence. These errors can result in thousands to millions of dollars in judgments, depending on your investments.
You want to eliminate personal liability as much as you possibly can. Personal liability is not exclusively under threat from outside risks like clients and other businesses. There may be times when the owner can be a risk to their own business. This can happen through accidental negligence, even with simple tasks like registration, taxes, and general government correspondence.
You can’t really control outside factors that affect your business. Occurrences such as the larger economy, business partners who veer from an agreed agenda, or even dissatisfied clients, whether they’re defaming you through online reviews or calling you to court are all out of your control. Controlling what you can control reduces unnecessary risk and minimizes potential losses to your business. Utilizing Anderson Advisors Registered Agent Services is one way you can take control. Just as important, you know you will never miss an important deadline or lose necessary paperwork.
Call us to learn how we can help you and your business.