How To Change Your Registered Agent—A Concise Guide

Almost all U.S. states and territories require you to appoint and maintain a registered agent when running a business. The agent is the point of contact between your organization and the secretary of state, tasked with accepting and forwarding legal and government notices.

If, for any reason, your current agent can no longer fulfill their duties, you should start the process of appointing a new one.

This article will explain how to change your registered agent and go over the factors to consider when picking a new partner, as well as the reasons why you should opt for a commercial service. You'll also discover Harbor Compliance—a reputable commercial registered agent service provider with nationwide coverage.

When Do You Change a Registered Agent?

There isn't a specific time when you must change your registered agent, but if your current agent resigns, most states provide a timeframe within which you must appoint a new one. For example, in Delaware, the agent's designation ends 30 days after the resignation filing. Businesses are given this period to appoint a new agent, ensuring continuous contact with the state while the original agent is still officially serving as such.

Beyond resignation, you can change your agent at any time if other factors necessitate it, which may include:

• Relocation or expansion—When your business moves or expands into a new state, you'll need to designate a new registered agent in that state. You will also have to change your agent in case the current one moves to another state because of the residency requirements.
• Inefficiency of the current agent—If the current agent isn't fulfilling their obligations efficiently, you should consider a more reliable option, such as a commercial agent.
• Cost considerations—Some commercial registered agent providers charge hefty fees for their services, which is a good reason to change your agent. If you're looking for a reliable but affordable registered agent service provider, look no further than Harbor Compliance.

How Do I Change My Registered Agent?

The process of replacing a registered agent varies depending on the specific jurisdiction your business is registered in, but it typically involves three steps:

1. Obtaining the incoming agent's consent
2. Preparing the necessary documentation
3. Submitting the change of registered agent form to the state's registration agency

Obtaining the Incoming Agent's Consent

Before you can designate a new registered agent, you must obtain their consent. This is a crucial step because the agent will be responsible for receiving legal and government documents on behalf of your business. You need to ensure the incoming agent is aware of these responsibilities and willing to accept them.

After obtaining the new agent's consent, you should notify the current agent about the impending change.

Preparing the Necessary Documentation

The documentation you need to prepare is typically called a Statement of Change of Registered Agent or something similar. The document usually requires the following information:

• Your business name
• The state of incorporation
• The current registered agent's details
• The name and address of the new registered agent

Submitting the Change of Registered Agent Form to the Registration Agency

Once you have obtained the incoming agent's consent and prepared the required documentation, the next step is to file this form with the secretary of state or the designated registration agency. You can do this online, by mail, or in person.

Most states and territories charge a filing fee for processing the change. Note that it may take some time for the state to process the change, so you should plan this well.

Factors To Consider When Changing Your Registered Agent

Most jurisdictions provide two main options for both appointing and changing a registered agent:

1. An individual residing in the state
2. A domestic or foreign entity authorized to do business in the state

An agent’s efficiency mainly depends on their process and delivery method. For instance, some agents might use certified mail, which isn’t the fastest approach. A far better option is electronic delivery, which lets you receive the notice soon after the agent accepts it.

To ensure your new agent has the appropriate systems and people to ensure you don't miss legal notices, you should conduct due diligence before appointing them. Check out the table below for more details on the specific factors to consider:

Before making a decision, consider the potential benefits and risks. Appointing an individual may seem convenient and inexpensive, but there's a higher risk of the person being out of office at some point. Appointing a commercial agent is a more reliable option since these organizations have teams and systems in place to eliminate the risk of missed notices. If you're looking for an agent that checks the relevant boxes, consider Harbor Compliance.

Comprehensive Registered Agent Service by Harbor Compliance

Harbor Compliance offers a robust Registered Agent Service that ensures you receive legal notices as soon as they're received. Some of the features that set our service apart include:

• Immediate delivery of notices—As soon as we receive your notices, we process them and send you an email with a link to our secure Client Portal, where you can access them.
• Proactive measures—In case of subpoenas, summons, and lawsuits, we forward the notice and follow it up with a phone call to the relevant person in your organization, protecting your business from legal risks.
• State-of-the-art software solution—Our advanced software solution simplifies the management of notices and provides access to pre-filled state forms, expediting the process of appointing or changing your registered agent.

We also offer an extensive portfolio of services to ensure you meet other statutory requirements.

Check out the table below for more details on some of our most sought-after solutions:

Choosing an Individual vs. Harbor Compliance as Your New Registered Agent

Even though you can designate yourself, someone within your organization, or another individual as your new agent, there are several downsides to consider. The designated person must be available during regular business hours at the registered office to receive legal documents, which can be challenging if they have other responsibilities or are required out of the office. The agent's name and address also become a public record, which can lead to privacy concerns.

Partnering with Harbor Compliance can alleviate these concerns and provide several benefits, such as:

• Constant availability—Our offices are always open during business hours to receive your notices.
• Privacy—Our name and address will be submitted to the secretary of state or relevant official, keeping yours off the public record.
• Secure system—Harbor Compliance uses robust security measures, such as data encryption and access control, ensuring only you can access your notices through the Client Portal.
• Nationwide presence—With local offices in all U.S. states and territories, Harbor Compliance enables you to manage correspondence from multiple jurisdictions.

How To Appoint Harbor Compliance as Your New Registered Agent

If you've decided it's time to switch to a new agent, Harbor Compliance's Change of Registered Agent Service can make the process effortless. To appoint us as your new registered agent, follow these simple steps:

1. Order our Registered Agent Service.
2. Select Add Change of Agent before checkout.

We will complete the process and notify the secretary of state about the change, providing peace of mind knowing you remain in good standing with the jurisdiction.

There are two other scenarios in which you can partner with Harbor Compliance:

1. Forming a new entity—You can appoint us in your business formation documents (Articles of Incorporation for profit and nonprofit corporations and Articles of Organizations for LLCs) by ordering our Registered Agent Service and choosing from our entity formation services, including incorporation, nonprofit formation, LLC formation.
2. Foreign qualifying in another state—With our Foreign Qualification Service package, you can obtain a certificate of authority in any U.S. state or territory and grow your business with no regulatory setbacks. All you have to do is complete the signup wizard, and we'll appoint Harbor Compliance as your registered agent, providing the service for a year at no additional cost.

Registered Agent FAQs

Below, you'll find commonly asked questions about changing a registered agent. If you can't find what you're looking for, visit our extensive Information Center.

Partner With Harbor Compliance To Stay on Top of Your Obligations

Running an organization comes with challenges, and worrying about missed legal notices shouldn't be one. Choose our Registered Agent Service, and we'll take on that responsibility, giving you the freedom to focus on your core business operations.

If you need to evaluate your business's standing with the state, use our free Harbor Compliance Score™. If you find any areas that require attention, you have several options:

1. Reach out to us to learn more about our additional services that can help address your specific needs.
2. Schedule a demonstration of our robust software solution to see it in action.

For more details on our services across different U.S. states and territories, refer to the table below: