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Your business must appoint a registered agent to receive documents in legal matters, including notice of lawsuit. Our reliable registered agent service fulfills this requirement. You get:
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.
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:
The process of replacing a registered agent varies depending on the specific jurisdiction your business is registered in, but it typically involves three steps:
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.
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:
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.
Most jurisdictions provide two main options for both appointing and changing a registered agent:
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:
| Factor | Explanation |
|---|---|
| Availability |
The agent must be available during regular business hours to receive legal documents. |
| Physical address |
The agent must have a registered street address in the state where your business is registered. P.O. boxes and virtual addresses are not acceptable. |
| Experience |
An experienced agent will be familiar with state requirements and deadlines, helping to ensure your business remains in good standing. |
| Services offered |
Some commercial agent providers offer additional services, which can be beneficial for your business. |
| Multistate presence |
Some commercial agents have local offices in multiple states, streamlining communication and ensuring all your business locations have reliable services. |
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.
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:
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:
| Category | Services |
|---|---|
| Licensing support |
|
| Nonprofit formation | |
| Lifecycle support | |
| Document filing and retrieval | |
| Beneficial ownership information reporting |
|
| Tax-related services |
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:
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:
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:
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.
If your LLC or corporation is relocating to a new state, you'll need to designate a new registered agent in that jurisdiction. Partnering with Harbor Compliance can make this process effortless since we have nationwide coverage with registered office locations throughout all U.S. states and territories.
You can't change your registered agent after you dissolve since the business no longer exists.
When changing a registered agent, the incoming agent must accept the role and responsibilities. The outgoing agent does not need to consent to the change.
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:
For more details on our services across different U.S. states and territories, refer to the table below:
