Do You Need a Registered Agent?

Short answer: yes, in nearly every state. Of the 50 states and DC, 49 require an LLC to name a registered agent when it files. The exceptions in our research are New York and West Virginia, covered below. The more useful question is whether you should be your own agent or pay someone, and that depends on your address, your schedule, and how much you care about privacy.

What a registered agent does

The registered agent is the company's designated point of contact for legal papers. If someone sues the LLC, the papers are delivered to the agent (this is called service of process). The state also sends notices there: annual report reminders, tax notices, and warnings before administrative dissolution.

To do that job, every state asks for the same basics:

• a physical street address in the state (not a PO box);
• someone available at that address during normal business hours;
• a person who lives in the state, or a business authorized to act as an agent there.

The agent's name and address go on your formation filing and are public record.

Can you be your own registered agent?

Generally yes, if you have a street address in the state where the LLC is formed and you are there during business hours. A member, a manager, or a friend or relative who meets the requirements can serve too. A few details differ: some states bar the LLC from serving as its own agent, and Delaware, for one, notes a limit: Only if the business is physically located in Delaware.

When being your own agent works well

• You form in the state where you live and work.
• You keep regular hours at one address, such as a shop or office.
• You don't mind that address appearing in public records.

When a service is worth paying for

• Privacy. If you work from home, your home address goes on the public record and into the data brokers that scrape it.
• Reliability. If papers arrive while you are away and nobody accepts them, a lawsuit can proceed without you. A missed state notice can cost the company its good standing.
• Out-of-state LLCs. If you form in a state where you have no address, or register your LLC in other states, you need an agent in each of them.
• Discretion. Some owners simply prefer that a process server not show up at the front desk in front of customers.

States where the agent must consent on the filing

Some states make the agent sign, or the filer affirm, that the agent agreed to serve. In our research that applies in 13 jurisdictions: Arizona, Colorado, Connecticut, Florida, Kentucky, Louisiana, Maryland, Massachusetts, Nevada, New Mexico, Ohio, Washington and Wyoming. If you are naming a friend or a service in one of these states, line up their consent before you file, or the filing can be rejected. The state guides spell out how each one handles it.

The exceptions

• New York: No registered agent required; Secretary of State is designated agent. A post-office address (any location) to which Secretary of State mails process is required.
• West Virginia: The agent for service of process is optional ('if any'); no consent block.

Even where the formation filing doesn't require an agent, many owners appoint one so legal papers go to a reliable address.

Changing your registered agent later

You are not locked in. Every state has a form, usually called a statement or certificate of change of registered agent, and most charge a small fee to file it. Some states also let you update the agent on the annual report. If you start as your own agent and later move, travel, or want privacy, switching is straightforward.

What to look for in a registered agent service

• Same-day scanning and forwarding of documents, since deadlines start running at delivery.
• Clear yearly pricing, including what the renewal costs and how to cancel.
• Coverage in every state you need, if you operate in more than one.
• Notifications you will actually see, by email at minimum.

File it yourself or have us do it

Naming a registered agent is part of the formation filing, which you can complete directly with your state for the state fee alone. If we file it, you choose your agent in the application: yourself, someone you know, or an agent company. Our service is $99 plus the state fee. For a shorter primer, see What does a registered agent actually do? or the full LLC formation guide.