Can A Registered Agent Sign On Behalf Of An Llc

For both questions, Yes and No! A Registered Agent has no position within the company, and no ability, so cannot sign crucial business organization documents on behalf of an LLC. The Registered Agent's job is merely to forward service of process to a Company's designee, whether a Manager, Owners, Board or other authorized representative of the company.

Therefore, a Registered Agent cannot enter into a contract on behalf of the visitor. A Registered Agent cannot as well issue "powers of attorney". A Registered Amanuensis cannot even indicate or say who owns a company. A registered amanuensis is someone who can be served with legal procedure (like a Complaint and a Summons) or a revenue enhancement discover. He or she is not a representative of the company empowered to human action on behalf of the company.

But it also doesn't mean that someone with ability or office in a visitor, such as an owner, president, secretary or fifty-fifty chaser-in-fact, cannot likewise exist the Registered Agent for the visitor. All the same, in such situation, this person is doing so not equally the company's Registered Agent, but considering of the office or position he or she holds within the company.

In the U.s.a., at that place are no restrictions regarding who can be a registered agent other than the person must be located and available at a physical street accost within the state during normal business concern hours. While information technology is commonly legally possible to serve as your own registered agent, it is advisable to designate a third – political party to perform this of import role.

Note that by having someone else in accuse for the receipt of revenue enhancement and legal documents, you can have the peace of mind that someone will always be there to claim such important information, which means yous can leave the part freely without bothering near complying with the state's Registered Agent requirement.

Also, aside from missing important documents, having a third – party registered agent too ways that it is less likely that you will take to accept potentially embarrassing legal and tax documents in front of clients. In addition, as long as your registered amanuensis address remains the same, you can easily change your business location without necessarily having to file more than paperwork to change your address with the state for each and every movement.

Becoming a Registered Agent for your LLC will relieve you the toll of a professional Registered Agent Service, but note that the Registered Agent's name and address are function of the public record and available through the secretary of state'southward website. Then if yous don't heed your proper name and address existence published, you tin as well become your ain Registered Agent.

3 Central Duties of an LLC Registered Amanuensis

There are no restrictions regarding who tin can be a registered amanuensis other than the person must be located and available at a physical street accost within the state during normal business hours. A registered agent exists only equally the first bespeak of contact within the country in which you lot are doing business. Here are the three main duties of a registered agent in the United States.

1. Contact Person

In the United states of america, an LLC is legally mandated to have a registered agent's name and address made publicly available. It only entails that as a business concern possessor, you volition designate a person to human activity every bit an "agent" of your business organization and that they are "registered" with the Secretarial assistant of State.

Note that anyone yous cull to be designated equally your business concern's registered amanuensis will take their name and address officially and publicly on file with the Secretary of State. It as well means that they will receive all incoming postal service from the regime (and from spammers and solicitors as this data will be attainable past anyone).

The individual listed on file as your company'due south registered agent will human activity equally the "on – call" contact person or representative for your business organization and must always be available during standard concern hours. This is very important and not listing a registered agent for your company won't forbid you from existence sued or contacted by the government.

2. Service of Process

Offset and foremost, a registered amanuensis is not a procedure server. However, the registered amanuensis is the recipient of service of process. Note that Service of process more or less puts into practice your legal right to due process. In a situation where your business concern is ever involved in a lawsuit, and you are summoned to court, you have a legal right to be notified in writing that you are expected to announced.

Commonly, a process server will deliver the summons and have to provide an affidavit stating that you have been served. Also, since most business organisation owners like to go along legal matters private, having a registered agent dedicated to take service of process at an alternate location is ideal. Bated just acting as the contact person for your business, the registered agent will take and forward important legal documents and serve as a corporate liaison.

three. Corporate Liaison

Aside from having contact information published, a registered agent acts as a corporate liaison between your company and the government. As a business owner, anytime you are out of town or keep vacation, someone is still expected to be available to accept of import legal documents and ensure that you as the business owner receive them.

Annotation that information technology is very important to accept someone bachelor because in that location could be serious consequences if important messages or appearance requests in court are ignored, fifty-fifty if it was unintentional. In addition, information technology is very disquisitional that someone trustworthy accepts and delivers the documents to y'all. Some legal documents that a registered agent volition receive include annual reports, financial documents, and other communication from the Secretary of Land.

Conclusion

Every business organization should have a registered agent and in many cases, and for an LLC, information technology is required past police force. And although you can act as your ain Registered Agent long equally you lot take a physical street address in the state where your LLC is formed, it is always advisable to use a third – political party registered agent.

A business that does not select a registered amanuensis may hazard falling out of good standing with the land in which information technology is registered. Penalties can include revocation, fines, and the inability to enter into legal contracts and/or gain admission to the state court system. Reinstatement proceedings include farther expenses and filings.

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Solomon O'chucks is a Researcher, Prolific Author and a UNICEF trained & Certified Facilitator and Counselor, A Graduate of Morris Cerullor School of Ministry and He Holds a Degree in Personal Development & Scientific discipline of Success from IIGL Asheville, NC, U.s.a..