Commercial vs. Noncommercial Registered Agents
Commercial registered agents are a type of registered agent, which is the business’s
legally designated recipient for service of process in a state. Twelve states provide the distinction
between a commercial registered agent and a noncommercial registered agent. Several other states
have similar concepts or terminology.
You may have come across the term “commercial registered agent” when registering your company or
changing your registered agent with the secretary of state. You might have also learned the
corresponding term “noncommercial registered agent” during the same process.
This page will explain the differences between a commercial registered agent and a noncommercial
registered agent. You will also find information about how to appoint a reliable commercial
registered agent for your company.
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What Is a Commercial Registered Agent?
By definition, a commercial registered agent is an individual or entity that has filed a special
listing statement with their state’s corporation authority. The listing statement is designed to
streamline communication between the secretary of state and the commercial registered agent. On the
list, the commercial registered agent provides its company name, entity type, and address where
service of process can be received.
Commercial registered agents are able to easily inform the state what companies it represents and
file bulk address changes. As a result, commercial registered agents are able to offer reliability,
convenience, and efficiency to their clients.
Most national registered agents, including Harbor Compliance, are commercial registered agents in
the states that make the distinction.
What Is a Noncommercial Registered Agent?
Most individuals and many single-state registered agent companies fall under the category of a
noncommercial registered agent, which are individuals or entities that have not filed a listing
statement with the secretary of state.
Unlike commercial registered agents that represent hundreds or thousands of companies, noncommercial
registered agents typically represent a small number of companies. Most noncommercial agents operate
in only one state or a handful of states. They also may not want or need the added benefits conferred
on commercial registered agents.
What Is the Model Registered Agents Act (MoRAA)?
Commercial and noncommercial registered agents share the same basic responsibilities. They must meet
statutory requirements for maintaining a physical address in the state and consenting to their
appointment.
However, there are key legal differences between commercial and noncommercial registered agents
established via the Model Registered Agents Act (MoRAA).
In 2004, the International Association of Commercial Administrators (IACA) met and drafted a
resolution to streamline the registration procedures for registered agents. Their results are known
as MoRAA, which has a
number of major outcomes,
including creating two distinct classes of registered agents: commercial and noncommercial.
MoRAA streamlines the process for registered agents to register as commercial entities with state
corporation offices. It provides a more efficient way for commercial registered agents to update
their information, resign, and unregister. In some states, MoRAA also reduces the need for the
registered agent to physically sign to accept its appointment.
Overall, MoRAA has streamlined the relationship between commercial registered agents and state
corporation officials. Below, we detail the advantages of using a commercial registered agent.
States Which Have Adopted the Model Registered Agent Act (MoRAA)
12 states have adopted MoRAA
7 states have adopted MoRAA (with conditions)
33 states have not adopted MoRAA
The Uniform Law Commission
maintains a current enactment map for state legislation pertaining to the Model Registered
Agent Act. Currently, 12 states have adopted MoRAA in full:
- Arkansas
- District of Columbia
- Idaho
- Indiana
- Maine
- Montana
- Mississippi
- Nevada
- North Dakota
- South Dakota
- Utah
- Wyoming
Additionally, several states have either adopted parts of MoRAA or created similar provisions of
their own:
- California
- Colorado
- Delaware
- Hawaii
- Massachusetts
- Pennsylvania
- Washington
Notably, Pennsylvania does not have a specific “commercial registered agent” designation. Instead,
Pennsylvania requires that entities designate a registered office, which is a physical address in
the Commonwealth. Registered agent service providers, including Harbor Compliance, are able to
register with the Pennsylvania Department of State as a
Commercial Registered Office Provider (CROP).
What Are the Advantages of
Using a Commercial Registered Agent?
Your company can enjoy several advantages when appointing a commercial registered agent.
- Commercial registered agents permanently maintain their address with the secretary of state. As
a result, your company must list only the agent’s name on its corporate filings. This results in
fewer clerical errors that otherwise could result in missed document deliveries.
- In states that have commercial registered agent requirements, your company is not required to
obtain the registered agent’s physical signature on state forms. Instead, the state has already
collected consent via the commercial registered agent’s listing statement.
- Because commercial registered agents provide representation to so many companies, they provide
infrastructure to ensure your company reliably receives service of process. Most commercial
registered agents also operate in every state, meaning they can support your company as it grows.
Can Harbor Compliance Serve as
My Commercial Registered Agent?
Harbor Compliance can serve as your commercial registered agent in any state. With our service, you
benefit from a reliable, local presence in every state.
Our nationwide offices receive and scan documents electronically and notify you the same day. We
eliminate your need to file change paperwork with state agencies each time you move. Registered agent
service includes complimentary access to our award-winning
Entity Manager software.
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Nationwide Presence: We provide local registered offices in all 50 states, the
District of Columbia, and Puerto Rico. These offices are open during regular business hours to
receive legal and government notices.
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Same-Day Document Delivery: We scan your documents locally and deliver them to
you electronically. With customizable notifications, you will never miss a delivery no matter
where you are.
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Secure Client Portal: Manage your registered agent service in a secure,
cloud-based Client Portal. Easily configure notifications to alert colleagues and legal counsel
of service of process.
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Annual, Flat-Rate Service: Our flat-rate registered agent service includes
document delivery with no hidden fees. Invoices are accurate and easy to understand.
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