Can A Member Of An Llc Be The Registered Agent
When you ready a express liability company (LLC), you lot must designate a registered agent. Yet, being an LLC'due south registered amanuensis doesn't make that individual or visitor an owner of the LLC.
What Is a Registered Agent?
Every LLC is required to accept a registered agent. Having a registered agent on file ways someone is e'er available to receive of import legal or government documents on your behalf. Yous may designate an individual or a visitor to serve as your registered agent.
Criteria for Serving every bit a Registered Amanuensis
While each state has its own criteria for who can be listed as a registered amanuensis, any private you choose to be your registered agent must exist over xviii and must be a resident of the state in which you lot filed your LLC.
An private or company serving equally registered agent must also run across the post-obit criteria:
- Physical address:Your chosen registered agent must take a concrete address (not a post office box or private mail service) and presence in the state in which you filed your LLC.
- Availability during business organisation hours:Your registered agent must besides be consistently available during concern hours at the address you've listed in your filings. This requirement ensures that someone is on hand to receive service or important documents that are delivered during normal business hours.
Whatever member of your LLC is eligible to act every bit your LLC'southward registered agent equally long as they fulfill the specified criteria. This ways that a person can own the LLC for which they are the registered agent, if they are a fellow member of the LLC.
If you cull an individual or a company that is not a member of your LLC, they do not then get an owner of the LLC just because you lot've authorized them to be your LLC'due south registered amanuensis.
Should I Be My Own Registered Amanuensis?
While you lot or whatsoever other fellow member of your LLCtin can serve as your own registered agent, go along the post-obit in mind when deciding:
- Public record: Yous're required to listing your registered amanuensis'southward physical address on your LLC filings, where it becomes a matter of public record. This means that everyone has access to this information, which tin give ascent to privacy concerns. For example, if you run a web-based business out of your home, you'd likely have to use your dwelling address, since post office boxes and private mailbox services don't authorize as a physical address.
- Hours of business:You volition as well need to be available during regular business organisation hours in order to accept delivery of communications sent to you in your chapters as registered agent, and also to accept service of process. This tin be particularly tricky for the modest business possessor without full-time employees who may need to attend to concern matters that take them out of the office during the workday.
- Multiple states: You lot must have a registered agent in every state in which your LLC does business organization. Unless you're able to maintain a physical place of business organisation in each state in which you practice business organization, using a registered agent service is often more than efficient every bit such services are equipped to function as your registered amanuensis in multiple states.
An LLC's registered agent can too own the LLC as long every bit they meet the criteria for acting as a registered agent. However, beingness designated a registered agent doesn't grant a person or visitor ownership rights in the LLC.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and accept not been evaluated by LegalZoom for accuracy, completeness, or changes in the constabulary.
Source: https://info.legalzoom.com/article/does-the-registered-agent-own-the-llc
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