In North Carolina, LLCs and corporations need to have a registered agent. This person or business needs to have a physical location in North Carolina where they can receive legal communications on behalf of the business.
Registered agents also receive important communications such as service of process notices, correspondence from the Secretary of State, official government notifications, tax forms, and notices of lawsuits. You can choose to name an employee of the company or even yourself as the registered agent, but there are distinct advantages to hiring a company or legal professional to serve in this role.
In this article, we’ll explain what you need to know about registered agents in North Carolina and help you better understand the benefits of hiring a professional service to take care of this job for you.
A registered agent (also known as a statutory agent) is a person or entity that serves as the point of contact to receive any service of process or legal correspondence on behalf of a business. Any of these items sent to a registered agent are considered legal notices and must be sent to the company in an appropriate amount of time.
Registered agents can be a member of the business they serve, an individual hired by the business or a company hired by the business. They must reside in the state of North Carolina or be authorized to do business in the state. They must also have a mailing address within the state where they can receive important documents and notices.
Every corporation or LLC in North Carolina is required by law to have a registered agent. This is necessary for staying in good standing with the secretary of state.
A good registered agent provides plenty of benefits to any company. Some benefits of hiring a qualified company to serve in this role include:
In order to be a registered agent, there are only a few qualifications that must be met. A registered agent must:
As for their duties, according to the laws in North Carolina, a registered agent is only required to forward important mail, such as a notice, process or demand, to the business entity at their most recently listed location. This is the minimum requirement of duty for any registered agent.
Registered agents can do much more than the minimum. For instance, a registered agent can help you maintain anonymity by removing the need to list your personal address for public availability. They can also prevent embarrassing information, such as a legal summons, from arriving in front of an important client. Finally, they can provide you with services that alleviate the stress and demands that come with the legal side of running a business. With an excellent registered agent, you can focus on growing your business and leave the legal details to someone else.
When you’re running a small business, it takes all of your focus to make it grow. Having a legal professional who can help out increases your flexibility and limits your exposure to junk mail and other issues that come with having a publicly listed address.
For more information on hiring a registered agent, click the link below to explore pricing and benefits.
In North Carolina, LLCs and corporations are required by law to have a registered agent. Beyond the legal requirement, a registered agent can help you promptly respond to any important legal mail that you receive. Experienced registered agents can even provide advice on how to proceed in certain situations based on their previous experience.
Yes, you can choose to be your own registered agent in North Carolina. While this option may make sense for single-member LLCs that are designed as a pass-through entity and mostly exist to increase tax flexibility, it’s not often a great choice for businesses. Being your own registered agent requires you to remain available during business hours at the address you provided. It also means that the address provided is publicly listed, which can lead to excessive junk mail and privacy concerns.
Yes! If you wish, you can choose to have mail sent directly to the registered agent’s office. This is a great solution to junk mail concerns and is also important for any time you might expect a legal document is on its way to you.
You must hire a registered agent before starting your business. During the application and filing process, you need to have a registered agent listed on your paperwork. If your registered agent changes, you must file a form with the secretary of state’s office listing the change.
The process of serving a registered agent is virtually identical to the service process for any other individual. A process server, the sheriff or another qualified party will come the address listed for the registered agent. Once there, they will serve the papers. They will also provide the court with an affidavit that confirms the company was served. As soon as the papers are served, the registered agent will forward them to the company.
Typically, a search engine will provide you with a list of reputable registered agents in North Carolina, but it’s important to know what you want from an agent. A good agent should provide more than just mail forwarding and monitoring. In your research, explore the other benefits that a registered agent offers that could help make your life easier.
If you created your company or LLC and listed yourself as a registered agent, but now wish to turn over the reins, you can resign. To resign, send written notice to the company that you represent and then submit a statement of resignation to the secretary of state. Once that is complete, the company will need to replace you with a new registered agent and notify the state secretary of the new agent.
Need a registered agent? Call us at (307) 683-0983 to get started!