A registered agent is an integral part of your business. After all, they facilitate communication between your business and other parties, ensuring that it remains compliant so you can focus on your business operations. But when an agent can no longer serve this role, it’s important to know how to change registered agent in Georgia to ensure your business does not suffer in the long run. We walk you through reasons you might need to change your current agent and how to do it correctly.
Why You Might Need to Change Your Registered Agent in Georgia?
A registered agent receives official and legal documentation on behalf of your business. For example, if someone wants to sue your business, the legal paperwork will go through the agent, thus enabling you to take note of the legal action and respond accordingly. Given the importance of this role, here are key reasons you may want to change registered agent in Georgia:
- Lack of availability. One key requirement for an agent is to be available during regular business hours, as this is when they can receive official and legal paperwork. If they are unavailable, they could miss out on important notices, e.g., tax compliance reminders, which could put your business at risk of losing its good standing. So, if an agent is no longer available or willing to avail themselves, it’s time to think about a change.
- Lack of reliability. An agent’s work goes beyond receiving documentation on behalf of your business. They also must inform you of the incoming paperwork and important deadlines. Their work is thus highly sensitive and can affect your licensing. If your agent often falls behind on deadlines or has poor communication, a change will benefit your business.
- Need for privacy. Per the law, anyone can be a registered agent if they meet the state’s requirements. As such, you can appoint anyone, including yourself, to serve in this role. However, this address goes on public records, which may not work for people who run their businesses from home or those who wish to separate their legal matters from their business operations. If you feel that your compliance requirements are getting in the way of your day-to-day activities, now might be the time to change registered agent in Georgia.
- Business expansion. Are you moving your business to another state or opening a branch elsewhere? States require registered agents to be physically present in the state where the business operates. For example, if you have a business in Chicago and want to expand to New York, you’d need an agent who also serves New York. Combining your business records in one account is a good reason to seek a change in your representation.
A change in your service requirements, which is common for growing businesses, can also prompt the need for new representation.
How to Change Your Registered Agent in Georgia?
The state of Georgia understands that businesses may need to change their representation for various reasons. It has thus laid out the process to change registered agent in Georgia below, which you can follow to effect this transition:
- Find a new agent. Before applying for a change, you must find an agent who meets the requirements below:
● They must be at least 18 years old or must be a registered business operating in the state.
● They must have a physical address (not a P.O. Box) in the state, which you can list in your business records.
● They must be available during regular business hours.
It’s also important to assess their suitability based on your preferences, including services offered and overall market reputation. - Update your business annual registration. The Georgia Secretary of State (SOS) provides a portal through which you can update your business records, as follows:
● Online. Log into your business account through the SOS website and find the annual registration menu. Complete it with details about your new agent and submit it through the portal.
● Mail. Access the SOS website, find the annual registration form, print it out, and fill it out with your agent’s details. Then, send it to the Corporations Division under the Georgia SOS. - Make your payment. Updating your business records comes at a fee, which you will need to pay as you submit your change of registered agent form in Georgia. The schedule is available on the SOS website.
- Inform your current agent. It’s important to notify your current agent of the coming change so that you can ensure you have all the pending documents sent to your business. It also allows you to clear any pending fees to pave the way for a smooth transition.
The state will process your paperwork, verify the agent’s details, and send you a confirmation once your business records have been updated.
How Do I Change My Registered Agent in Georgia for an LLC?
Business structures in Georgia differ in their legal requirements. As such, while the process to change your agent is relatively the same, LLCs are subject to the terms below:
- Select a new agent. The state will only allow you to change registered agent in Georgia for LLC if you nominate someone else for this position. Operating an LLC without an agent is illegal and can result in the loss of your business license. As such, choose someone who is at least 18 years old or a registered business within the state. They must have a physical address in the state and be available during regular business hours.
- Update your business records. The Georgia Secretary of State (SOS) allows you to change your registered agent in Georgia for LLC in the following ways: by submitting your annual registration or filing an amendment annual registration. The latter applies to businesses that have already submitted their annual registrations. In either case, you can proceed as follows:
- Online. Log into your business account through the SOS site, find the registered agent menu, and fill out your new agent’s information using the appropriate form per your filing status. Pay the required amount and submit the form.
- Mail. You can find the annual registration or amendment form on the SOS website – fill out the correct form with the correct agent’s details and submit it by mail to the Corporations Division – remember to pay for the application as you do this.
- Inform your current agent. As you move on to new representation, informing your current agent of the changes is courteous. It allows them to prepare all the pending documents so you can have all you need to run efficient business operations.
If the agent you choose meets state requirements, the Secretary of State will send you a confirmation of the agent change.
FAQs
Can I Change My Registered Agent in Georgia at Any Time?
You have two options when filing a change of agent. The first is during the annual registration window in the first quarter of the year. The second is outside this window – in this case, you file an amendment to your initial annual registration.
Is There a Fee to Change the Registered Agent in Georgia?
A business can change its agent information during the annual registration filing – this comes at a fee. Filing an amendment outside this period incurs an extra fee, and anyone who submits their application on paper will incur another fee. As such, what you pay comes down to when and how you go about it.
How Long Does It Take to Change the Registered Agent in Georgia?
The average waiting time for confirmation of an application to change registered agent in Georgia ranges from a week to three weeks. This time hinges on two things – the eligibility of your application and the backlog in the office. You may have to wait longer if the office has many applications. The state can also deny your application and ask you to submit a change of agent if you nominate a person or business that does not meet the state requirements.
What Happens If I Don’t Have a Registered Agent in Georgia?
The state requires that all business structures (except general partnerships and sole proprietorships) have a registered agent. But what happens if you do not have one?
- You cannot start a business. Listing a registered agent is mandatory when starting a business, and the state will not allow you to start operations without this information.
- You can lose your good standing. Without an agent, you will not receive notifications on time and can miss out on important deadlines, thus lowering your standing with the state.
- You can lose your business license. The state can automatically disqualify your business for a poor score or failure to comply with the state’s regulations.
Not having an agent also exposes you to avoidable penalties and fines.
With Passportology, you can skip the hassle and change registered agent in Georgia with ease.