Do you need a registered agent for an LLC?

What does a registered agent do for an LLC?

A registered agent accepts service of process (the delivery of a lawsuit or summons) and official state mail for the LLC, then passes it to the owners. The agent's name and address go into the state's public records.

The duty is narrow. The agent is a fixed point where a court officer or the state can find someone, so a case against the company can't stall because nobody answers the door. Texas law is one example. A Texas LLC shall designate and continuously maintain in this state: a registered agent and a registered office, and that office must be located at a street address where process may be personally served on the entity's registered agent. The same statute says the office may not be solely a mailbox service or a telephone answering service.³

States don't all use the same name. California's statute calls the role an "agent for service of process", and so does West Virginia's, while New York's statute uses "registered agent". The job is the same under each label.⁴

An agent doesn't run the business, sign contracts or pay taxes. Some services add reminders about the yearly state report, and a few will file it for you; the annual report guide covers who files and who only reminds.

Who can be a registered agent?

In the states below, the agent is generally a resident of the state or a business entity allowed to act there, with an address in that state. The details differ, and each state's statute sets them.

The statutes in our records show how far the rules differ.

• Texas (Tex. Bus. Orgs. Code § 5.201) allows a Texas resident or an organization, but only "an organization, other than the filing entity or foreign filing entity to be represented", so a Texas LLC can't name itself.³
• Delaware (6 Del. C. § 18-104) goes the other way and lists the LLC itself among the entities that may serve. Its statute also says the office is "A registered office, which may but need not be a place of its business in the State of Delaware".⁵
• Wyoming (Wyo. Stat. § 17-28-101) accepts "An individual who is at least eighteen (18) years of age, resides in this state", along with entities and commercial registered agents.⁶
• California (Cal. Corp. Code § 17701.13) requires "an individual who is a resident of this state or a corporation that has complied with Section 1505".⁴
• Nevada's NRS 77.300 asks for "An actual street address or rural route box number in this State", and an LLC without a commercial agent may name the title of an office or position with the entity.⁷

Florida charges for the designation itself. Its Articles of Organization carry a $25 registered agent designation charge on top of the filing fee, which shows up on the bill whether you name yourself or a company. Each state's formation page, such as forming an LLC in Florida or forming an LLC in Wyoming, lists the exact rule and the form where the agent goes.⁸

Founders who live outside the U.S. can't act as their own agent in a state that requires residency or an in-state address, so they hire one. The guide for non-U.S. residents covers that case, and services for non-U.S. founders lists the providers that say they serve it.

Does every state require a registered agent?

No. New York and West Virginia let an LLC form without naming a registered agent; New York names its Secretary of State to receive process instead.

In New York, the Articles of Organization name the state itself (Secretary of State designated as agent (Article THIRD)). The LLC Law says a company may designate a registered agent in addition, and the statute (N.Y. Ltd. Liab. Co. Law § 302) allows "a natural person who is a resident of this state or has a business address in this state", or an LLC or corporation. Our record of the state's rules puts it this way: every LLC must designate the Secretary of State as its agent for service of process. The New York LLC guide has the Articles, the publication rule and the biennial statement.^{9, 10, 11}

West Virginia's statute uses "may" for both the office and the agent, and our record of it reads "West Virginia LLCs are not required to appoint an agent for service of process". The formation form asks for the "agent to whom notice of process may be sent, if any". Under W. Va. Code § 31B-1-108, an agent who is named must be a West Virginia resident or a qualifying company. See forming an LLC in West Virginia for the form and fee.^{12, 13}

Can you be your own registered agent?

Yes, in states such as Texas, Wyoming and California, if you meet the state's residency or address rule and are available at that address to accept papers. There's no service fee, but your address goes into the public record.

Three trade-offs come with doing it yourself. Your home or office address appears in the state's online business search. A process server can arrive at that address in front of customers or family. And if you move, travel for long stretches or let the address lapse, you can miss a lawsuit and lose by default.

A paid agent puts its own address in that field. Northwest's agent page says "We list OUR business address on your public filings instead of yours." Tailor Brands' terms add a limit: Agent address cannot be used as the business location in public materials, and home-address privacy is offered through the separate Virtual Address product. BizFilings notes that its agent address appears on public filings: with a commercial agent, the agent's address replaces yours in that field rather than leaving it blank. Keeping your address off other filings, such as the principal office field, can take a separate virtual address.^{14, 15, 16}

Paying for an agent removes the address problem; it doesn't change who owns or controls the LLC. The cost guide puts the agent next to the state fee and the other first-year costs.

How much does a registered agent service cost?

Among the services we list, a standalone agent costs from $99 first year (new customers) at Harbor Compliance to $149 per quarter ($596/year) at Swyft Filings. Several formation services include the agent for a first period, then bill the yearly price.^{1, 2}

The table lists each provider's published price for the agent service. Some prices are for new customers or the first year only, so read the qualifier next to each figure.

What happens after the first year is where offers differ most.

• Bizee includes the agent free for the first year with any Bizee formation package, then charges $149/year (ongoing annual fee).^{17, 18}
• Inc Authority: Free for the first year with LLC formation, then $249/year (charged ~1 year after incorporation).^{19, 20}
• At Northwest, the included registered agent renews at $125/yr after year 1.²¹
• ZenBusiness gives 50% off the first year ($99) when you form an LLC, then $199/yr.²²
• BizFilings gives 3 months free with formation/foreign qualification and then bills $220/yr; 2 yrs $370; 3 yrs $489.^{16, 23}
• doola: RA free with Formation Service; the page we checked doesn't say how long the free period lasts.²⁴
• Harbor Compliance's first-year price rises to $159 annually.¹

LegalZoom lists its agent at $249/year (first-time registered agent customers), and its renewal terms say the agent service auto-renews: Renews at the purchase rate each year; rate subject to change. Tailor Brands charges $199/year (renews at the same price). InCorp charges $129/year, and Rocket Lawyer charges $125 with a Plus or Pro membership.^{25, 26, 27, 28}

A first-year price can differ from what the agent costs in later years, so the second-year price is the one to compare. The cost calculator adds an agent's price to a state's first-year cost when a plan doesn't include one for the full year, and the plan list shows which tiers bundle an agent. How we rate explains why a first-year-free agent doesn't count as included in the plan value score.

What do registered agent services include besides the address?

Many of the services we list scan legal papers to an online account, send compliance reminders and renew automatically each year. Mail handling, privacy terms and cancellation rules differ by provider.

Scanning is common. ZenBusiness lists documents scanned and uploaded to dashboard, For Northwest, our record shows Legal documents scanned and uploaded; normal business mail scanned up to 5 docs per year free; for Swyft Filings, Documents uploaded to account; legal SOP typically within 2-3 hours. For Bizee, our record reads: Service of process mailed via FedEx with tracking.^{2, 14, 22, 29}

Reminders are common too, though a reminder is a different service from a filing. Tailor Brands' agent page says the agent can file the annual report if instructed. For InCorp, our record reads: Email reminders before deadlines (annual reports, franchise tax).^{30, 31}

Automatic renewal is common too. Under Harbor Compliance's terms, our record reads: Must give notice of non-renewal at least 90 days before the end of the current term; otherwise the service renews for another year. Swyft Filings says a replacement agent must be designated (or business dissolved) before cancellation. InCorp requires one of three conditions (dissolve entity, appoint new agent, or resign InCorp with fees) before the yearly fee is due. These terms set how and when you can leave. The provider pages, such as Northwest's review and Swyft Filings pricing, list each provider's agent terms in full.^{32, 33, 34}

What happens if your LLC has no registered agent?

In Florida, Texas and Delaware, the state can dissolve or terminate the LLC or cancel its formation. In Wyoming, papers go to the Secretary of State until a new agent is named.

Our state records summarize the penalties, and they differ. Florida: Failure to appoint and maintain a registered agent is a ground for administrative dissolution (s. 605.0714(1)(c)). Texas: Failure to maintain a registered agent may lead to involuntary termination of a domestic LLC (revocation of a foreign entity's registration). Delaware sets a deadline: If the LLC does not designate a new agent within 30 days of the agent's resignation, its certificate of formation is canceled (6 Del. C. § 18-104(d)). Wyoming: If the LLC has no registered agent or office and does not comply within 60 days of notice, it is deemed defunct and forfeits its articles (W.S. 17-29-705(a)). Bringing a Wyoming LLC back costs $350 if dissolved for having no registered agent, within the state's revival window. Nevada's record reads as follows: An LLC that does not file a statement of change of registered agent before its agent's resignation takes effect is in default and subject to charter revocation (NRS 86.272, 86.274).^{5, 35, 36, 37, 38, 39}

A gap can start when an agent resigns or a paid service lapses. Our records summarize the steps. Texas: Agent must notify the LLC and the SOS (SOS within 10 days of notifying the entity); resignation takes effect on the 31st day after the SOS receives notice (BOC 5.204). New York: Agent files a Certificate of Resignation and must send a copy to the LLC by registered mail; designation ends 30 days after filing. The time before the resignation takes effect is the window to name a new agent.^{10, 40}

How do you change your LLC's registered agent?

In the states below, you file the state's change-of-agent form with the new agent's name and address and pay the fee shown, which is nothing for California's update filing.

The table below lists each state's fee for that filing as published by the state.

48 of 51 states publish this in the official sources we checked. Each state's page has the full detail.

The forms differ by name as well as by fee. Texas uses its Change of Registered Agent/Office (Form 401); $15. Nevada uses the Change of Registered Agent by Represented Entity ($60). New York's is a Certificate of Change (LLC Law §211-A), $30, and California updates the agent through a Statement of Information (Form LLC-12); no fee when filed between required filings to update the agent. In Wyoming it is the Appointment of New Registered Agent and Office ($5).^{41, 42, 43, 44, 45}

The usual order runs like this.

1. Hire the new agent, or confirm that you meet the state's rules to act as your own.
2. File the state's change form with the fee shown above.
3. Once the state confirms the change, cancel the old agent service so it doesn't renew.

Cancelling a paid agent first, before the state shows the new one, can leave the LLC without an agent for a while. Some providers tie cancellation to the switch. Our record of Bizee's terms reads: Cancel anytime by assigning a new registered agent with the state and notifying Bizee of the change. The guide to cancelling or switching a service covers refunds and auto-renewal at each provider. An LLC registered in another state can need an agent there too. Our Texas record covers both cases: Failure to maintain a registered agent may lead to involuntary termination of a domestic LLC (revocation of a foreign entity's registration). The foreign LLC guide explains when that applies, and the how to form an LLC guide shows where the agent fits among the formation steps.^{36, 46}