Change Appointed Registered Agent
What is a Registered Agent?
A registered agent, also known as a resident agent or statutory agent, is an individual or business entity designated to receive legal documents, government notices, and official correspondence on behalf of a business. Every business entity, including corporations, LLCs, and partnerships, is required by law to have a registered agent in the state where it is formed and in any state where it is registered to do business.
Why You Might Need to Change Your Registered Agent
There are several reasons why a business might need to change its registered agent:
Service Issues: If your current registered agent is not reliably forwarding important documents, such as legal notices or tax forms, it may be time to switch to a more reliable service provider.
Business Relocation: If your business relocates to a different state or your registered agent moves out of state, you will need to appoint a new registered agent who resides in the new location.
Cost Considerations: Some businesses may choose to change their registered agent to save on service fees, especially if a more cost-effective option is available.
In-House Representation: Some businesses may decide to change from using a commercial registered agent service to appointing an in-house employee or officer as the registered agent, or vice versa.
Compliance Requirements: If your current registered agent fails to meet compliance requirements, such as maintaining a physical address in the state or being available during regular business hours, you may need to change your agent to avoid penalties.
Legal Considerations When Changing a Registered Agent
Changing your registered agent involves several legal steps to ensure that the change is properly recorded and compliant with state regulations:
Check State Requirements: Each state has specific requirements for changing a registered agent, including the forms that must be filed and any associated fees. It’s important to review your state’s requirements before making the change.
File the Necessary Forms: To officially change your registered agent, you must file the appropriate forms with your state’s business filing office. This typically involves submitting a Change of Registered Agent form or an amendment to your Articles of Incorporation or Articles of Organization.
Notify Your Current Agent: It’s important to notify your current registered agent of the change and ensure that any outstanding documents or notices are forwarded to your new agent.
Update Business Records: Once the change is official, update all relevant business records, including your operating agreements, partnership agreements, and any contracts or licenses that reference the registered agent.
Ensure Compliance: After changing your registered agent, make sure that the new agent is compliant with all state requirements, including maintaining a physical address in the state and being available during regular business hours.
Steps to Change Your Registered Agent
Changing your registered agent involves a few key steps to ensure that the process is legally compliant and properly recorded:
Choose a New Registered Agent: Start by selecting a new registered agent who meets your state’s requirements. This can be an individual or a business entity that is authorized to provide registered agent services.
File the Change with the State: Submit the necessary forms to your state’s business filing office to officially change your registered agent. This may involve paying a filing fee and providing information about the new agent.
Notify Your Current Agent: Inform your current registered agent of the change and ensure that all outstanding documents are forwarded to your new agent.
Update Business Documents: Review and update all business documents that reference your registered agent, including operating agreements, partnership agreements, and any contracts or licenses.
Verify Compliance: Ensure that your new registered agent is compliant with all state requirements, including maintaining a physical address in the state and being available during regular business hours.
Communicate the Change: Inform key stakeholders, such as business partners, vendors, and clients, of the change in your registered agent. This helps ensure that important documents are sent to the correct address.
The Role of a Business Attorney in Changing Your Registered Agent
Changing your registered agent is a legal process that requires careful attention to state requirements and proper documentation. A business attorney can provide valuable assistance throughout this process, from selecting a new registered agent to filing the necessary forms and ensuring compliance with state regulations. An attorney can also help you address any legal challenges that arise, such as disputes with your current registered agent or issues with compliance.
By working with an experienced business attorney, you can ensure that your registered agent change is smooth, legally compliant, and properly documented.
If you’re considering changing your registered agent, our team of experienced business attorneys is here to help. We offer comprehensive legal services to guide you through every step of the process, from selecting a new agent to filing the necessary paperwork. Contact us today to schedule a consultation and take the first step toward a successful registered agent change.