Do I need a registered agent?
Yes – it is required by law in every U.S. state. You may not think your state does because sometimes it can be called a different name, like a statutory agent, but all states require it, not just for LLCs but partnerships and corporations too.
What is a registered agent?
A registered agent acts firstly as your LLC’s key point of contact with the state. They will receive communications from the state for you, such as tax notifications and compliance information. They’re also responsible for a very important thing, and that is receiving service of process. Service of process includes things like summons or subpoenas; essentially if your LLC is being sued your registered agent will accept the suing documents on your behalf.
Pick a registered agent
Before you assign an agent, you’ll need to pick one out. In Nevada, they have given you a lot of flexibility in allowing you to choose a registered agent.
Here are all the possibilities:
- You yourself, but this can hold risks
- Your LLC can be its own registered agent (beware, though, as this is a very rare happening, only allowed in a handful of states including Nevada – just in case you’re thinking of expanding your LLC)
- You can list another member or an employee of your LLC to do the job, like an office administrator
- A Nevada registered agent service
- A friend or family member that’s over 18
Should you be your own registered agent or use a registered agent service?
People that decide to go with themselves being registered agents have said their primary reason was simply because it would cost less. And it’s true – apart from being a chapter alternative, there are lots of reasons why you’d want a registered agent instead, like having peace of mind by having someone else make sure you’re doing everything right, being able to go places when you want to at any time, not having your address listed on public record if you work from home, and getting discretion, particularly for if you’re ever sued.
A great registered agent service we’d recommend is ZenBusiness – it provides the most comprehensive registered agent service for the price, helping you fulfil all state requirements. They can also help you by alerting you of important events and covering your annual filing. ZenBusiness stands apart, with their excellent customer service backed up with great reviews online, and are known for being highly knowledgeable about LLC maintenance.
How do I officially elect a registered agent?
You officially elect your registered agent when you officially confirm your business, in the Articles of Organisation. There are two ways to fill this in.
You can create an account through Nevada’s Business Portal, which costs $75. This will give you access to all resources you need to get a registered agent and also form an LLC.
In order to do it by mail, you’ll need to download the Articles of Organisation instead, which also costs $75. Then you’ll need to fill out the required fields and submit a physical copy to the Secretary of State. In particular the registered agent is discussed in Section 2. Nevada notes a difference between commercial and noncommercial registered agents.
Can I change my registered agent?
You can, quite easily. If you’re changing after a year, you have to renew your service and confirm your registered agent anyway so there’s no extra charge and you can change it. But if you’re changing in between, you’ll need to download a Statement of Change form, and file a physical copy of this with the Secretary of State. Remember, it’s important to distinguish between whether your registered agent is commercial or noncommercial, because if you get it wrong, it’s $60 each time you file.
If you can also get a signed consent form from your registered agent it can be helpful in the process.
TRUiC offers a lot of information on getting a registered agent in Nevada. For more information, visit their site.