The registered agent is a person or entity that receives legal and official documents on behalf of the LLC, so it is important to keep it updated.
The changeover process varies by state, but is generally fairly straightforward.
Below I will explain how, when and what are the requirements to do so.
When can you change Registered Agent?
You can change your registered agent at any time, as many times as you deem necessary, as long as you comply with the following scenarios:
- The current agent leaves the service or change direction.
- You are not satisfied with the current agent's service (may be for rates, services or communication).
- LLC Relocation or change of the company's operating address (although this is not mandatory, as the registered agent's address may be different from that of the LLC).
It is important that the registered agent is always available to receive documents during standard business hours, otherwise legal problems may arise if important notices are not received.
How to change Registered Agent?
The process to change registered agents includes submitting a notification form to the state where the LLC is registered. Here are the common steps to do so:
Step 1: Choose a new registered agent
- Select a new person or company that meets state requirements, such as having a physical address in the LLC's state and being available during business hours.
- Make sure that the new registered agent officially accepts the designation.
Step 2: Complete the change form
Each state has a specific form for changing registered agents. In general, this form is called something similar to "Change of Registered Agent" o "Statement of Change". You can find it on the website of the Secretary of State of the state where the LLC is registered.
- The form generally includes basic information such as:
- Name of the LLC.
- Name and address of the current registered agent.
- Name and address of the new registered agent.
Step 3: Submit the form
The change form must be sent to the office of the Secretary of State of the state where the LLC is registered. This can be done by onlineby e-mail or in person, depending on state services.
For the specific case of New Mexico, you can fill out the following form change of registered agent form and submit it in person or mail it to the address provided in the header of the form:
SECRETARY OF STATE
CORPORATIONS BUREAU
325 DON GASPARE, SUITE 300
SANTA FE, NM 87501
- Some states allow the change at the time of filing. annual report of the LLC, while in others it is a separate process that can be done at any time.
Step 4: Pay the corresponding fee
Most states charge a fee for filing a change of registered agent form. Fees vary by state, but typically range from $10 and $50. For example, in New Mexico, the cost is $20 for LLCs and $25 for corporations.
You also have to take into account possible offers or promotions. For example, if you choose Northwest as a new registered agentYou will only have to pay the annual fee. They are in charge of submitting the documentation and paying the fees, at no cost to you.
Step 5: Confirmation of the change
Once you have submitted the form and paid the fee, the state will process the application. Normally, you will receive a official confirmation of change in a few days or weeks, depending on the state.
In the case of New Mexico, this confirmation usually takes a maximum of 15 days.
Requirements for the new registered agent
The new registered agent must meet the following requirements:
- Residence or physical presence in the stateAgent must have a physical address in the state where the LLC is registered. P.O. Boxes are not accepted.
- Availability during working hoursThe agent must be available during standard business hours to receive any legal documents.
- Agent's consentIn most states, the new registered agent must accept your designation in writing. Some change forms include a section where the new agent signs to confirm acceptance.
When is it necessary to make the change?
The change of registered agent can be required in situations such as:
- Current registered agent has moved out of state or no longer meets the requirements.
- The registered agent ceases to provide the service or closes the company.
- Service improvementIf you are not satisfied with the costs or quality of service you are receiving from your current agent, you can switch to a more reliable or economical one.
Consequences of not having a proper registered agent
If your LLC does not have a proper registered agent or if the state does not have current information, you may face the following consequences:
- Fines o sanctionsSome states impose fines if you do not have a valid registered agent.
- Administrative dissolutionIf you fail to update the registered agent, the state could administratively dissolve your LLC for failure to comply with legal requirements.
- Legal problemsIf you do not receive important legal documents (such as lawsuits), you may have trouble defending your LLC in a lawsuit.
Conclusion
Changing your U.S. registered agent is a simple process, but it is crucial to do it correctly to keep your LLC in good standing. You must be sure to comply with state requirements and file the proper form on time to avoid legal or administrative problems.
More information on how to change your registered agent
How to change the CA registered agent?
For change the registered agent In California (CA), you must first make sure that the new agent meets the legal requirements. This includes being a California resident or having a physical address in the state. Once you have selected the new agent, it is necessary to complete the appropriate form, which is usually the Change of Registered Agent Form.
After filling out the form, you must submit it to the California Secretary of State. This can be done online or by mail, depending on your preferences. Remember that it is important to notify the outgoing registered agent about the change to avoid future confusion.
Finally, be sure to keep a copy of the filed form and any confirmation you receive from the Secretary of State. This will serve as proof that the change was made correctly and on time.
What does a registered agent do?
A registered agent acts as the intermediary between a company and the government. Its primary function is to receive and manage legal documents and official notifications on behalf of the entity. This ensures that the company is aware of any requirements or regulatory changes that affect it.
Specific responsibilities of a registered agent include:
- Receive notifications of taxes and other government documents.
- Serve as a point of contact for legal proceedings.
- Ensure that the company complies with state regulations.
- Update the company's information in the corresponding registry.