Change Your Registered Agent

How to Change Your Registered Agent?

A registered agent is a key requirement for most business structures, excluding sole proprietorships and general partnerships. They not only receive your official documents on behalf of your business, but they also represent it during service of process. In many cases, your agent is also responsible for notifying you of compliance requirements, thus helping your business remain in good standing. Given their integral role in your business, it is important to know how to change your registered agent without putting your business at risk. This guide takes you through this process.

Can You Change Your Registered Agent?

Unless you are starting a sole proprietorship or general partnership, the state will only allow you to register your business if you have appointed a registered agent. What’s more, you must have an agent on your file throughout your business lifetime; otherwise, you risk losing your license. So, can you change your registered agent while complying with the law?

The good news is that state laws allow businesspeople to change the person or business that represents them. However, when doing this, you must notify the state of the change to ensure someone is responsible for receiving your official and legal documents. Failure to do this can result in penalties or fines.

How to Change Your Registered Agent?

You nominate a registered agent when setting up your business operations and filing an application with the state. The process of changing a registered agent is not much different from this. Let’s consider how it works:

  1. Inform your current registered agent. Until you have changed your agent’s details on file, all your official and legal correspondence will go to your current agent. Notifying them that you will no longer be using their services is important.
  2. Find a new agent. The state allows you to nominate anyone who meets the following requirements:
  3. They must be at least 18 years old or be a registered business in the state where your business operates.
  4. They must be available during regular business hours to receive official and legal documents.
  5. They must have a physical location in the state where you operate your business.

While you can represent your business, hiring a professional agent helps you free up your time and ensures your business remains compliant with the changing business laws.

  1. Fill out the Change Registered Agent form. Your state will have this paperwork available online through its business filing portal. Ensure you write the correct details of your new agent.
  2. Hand in the form. Most states allow you to submit your form online. Others may require that you do it in person or by mail, while others will offer all the options.
  3. Pay the change fees. If your state charges a fee to change your agent, you must complete this step when handing in your paperwork.
  4. Inform the new agent of the change. The state will process your request and update your records, which you will see in your file. Once this happens, inform your new agent of the changes so they can start handling future correspondence on your behalf.

Please note that while the steps to change the registered agent above are the norm, things can be slightly different in your state. It is important to liaise with the authorities to find out what path you should follow to ensure the changes are reflected in your business records.

How Do I Change the Registered Agent on My LLC?

LLCs are some of the most common business structures in the US due to their legal and financial benefits. But to ensure you enjoy these perks, you must have a registered agent on file, which begs the question, “How do I change the registered agent on my LLC?” Below is the process to use:

  1. Check your operating agreement. All LLCs should have an operating agreement that dictates how the owners approach business changes. Check what you agreed on when it comes to how to change registered agent for LLC.
  2. Inform your current agent. It’s always good to inform your current agent of the upcoming change. This courtesy ensures you can enjoy a smooth transition and enables your next agent to start over with a clean slate.
  3. Find a suitable agent. State laws require you to hire an agent who is at least 18 years old or a registered business in the state. The agent must be available during business hours and have a physical location where they can receive correspondence in person. Hiring a professional agent is always advisable, as you can hold them accountable for their actions and rely on their expertise to maintain pristine records.
  4. Get consent from the new agent. Some states require you to get written consent from your new agent. But even where this is not the case, ensure your new agent understands their role in your business and can commit to it. Starting your relationship with clear guidelines reduces your chances of requiring another agent change in the future.
  5. Fill out the Change of Registered Agent form. You will find this in the business filing section on your state’s website. Ensure you write down the correct details of your registered agent so the state can approve your request to change your registered agent to LLC.
  6. Pay for the change. You may ask, “Can I change the registered agent of my LLC for free?” While some states allow you to change registered agent for LLC for free, others charge a fee. If required, you should pay the applicable amount when submitting your form.

The state will process your request and ensure everything checks out before updating your records. Once they have confirmed the changes, all your official and legal paperwork will be redirected to the new agent.

Reasons to Change Your Registered Agent

A registered agent is responsible for some of the most important activities in a business. As such, it is quite common for business owners to change registered agent services for the following reasons:

  1. Unsatisfactory services. If your agent is unreliable, it might be time to move in another direction. Examples of unreliable services include missing paperwork, poor communication, or unexplainable fees.
  2. Agent going out of business. Your agent may no longer want to provide agent services, e.g., they are shutting down their operations. Getting another agent is the only way for your business to remain compliant.
  3. Change in business location. Suppose you want to move your business to another state, but your agent does not offer services in that region. You would need to find another person or business to represent you.
  4. The need for more services. While your agent may offer all the services you needed when you started, your business may have grown too big for them to meet all your needs. In such a case, opting for a more comprehensive agent would be best for your business.

You can also change registered agent services due to privacy concerns, as is the case for many home-based businesses where owners initially list their homes as their business addresses. Hiring a professional allows you to avoid privacy and security risks while growing your business.

Tips for a Smooth Transition

Are you about to change registered agent services? Here are some tips that can make this transition easy for all involved:

  • Ensure you communicate the change with all your stakeholders, e.g., your business partners.
  • Find an agent who meets your current and projected future needs.
  • Inform your current agent of the upcoming changes.

It’s also important to evaluate why you need a change and ensure that the next agent fills the gaps that were present in your previous representation.

Knowing why and how to change your registered agent goes a long way in protecting your business interests. At Passportology, we offer a switch to our reliable registered agent services to help you save money while getting comprehensive representation!