By: Esqueda Law PLLC
In most states, a resident agent (RA) is mandatory in running your Limited Liability Company (LLC). An RA is an individual or entity, either within or external to your establishment, tasked with the responsibility of handling all legal communication between your business and the state. An important document that must go through the RA is the Service of Process. The service of process is known as a summons. This notice informs you if there is a pending lawsuit against you. The RA must accept the service of process on behalf of the company and determine how to deal with it.
So, can you serve as your own RA? Yes. Should you serve as your own RA? Let’s see. The following are tasks and requirements that the RA needs to stay on top of:
- Keep records of all official documents. It is useful to scan these documents and have them readily available in an online account.
- Be available at all times. State documents can be issued at any time. It is important for there to never be a delay in receiving them nor dealing with them as there can be serious legal consequences for missed dates and missed information.
- Ensure that reports are filed annually and all paperwork is managed well
- Liaise in all US states as a registered RA
- Be a contact person with excellent customer service
There is the obvious benefit, that if you are the RA of your business, you can cut on the cost it would take to hire someone. Assess the amount of time you have to dedicate to the daily tasks of running your business and decide whether you have the stamina to pull off this dual role. As your own boss, you may prefer the flexibility of working hours that suit you. Being an RA will confine you to the office during regular business hours. Also, if your business does not have a fixed physical location, as the RA, the address listed on legal documents will be your private home address. This means that there is little to no separation of your personal and business affairs. Summons will have to be delivered at the doorstep of your private home, and your name and address will be listed in the public database for registered agents. This may not be a problem for you, but it is something to consider. If you have hopes of expanding your business to multiple states, it is a requirement to have an RA in every state that you operate. In this case, hiring an agency may allow you to operate within state laws.
When it comes to being your own resident agent or hiring one, you should conder what is best for your business and personal productivity. You do not want to stretch yourself too thinly so that you can focus on the major tasks of running a successful business. In this circumstance, outsourcing an RA might be the best choice for you. My name is Liza Ann Esqueda and I am here to help.
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