•What is a Registered Agent?
A registered agent is an individual, whether real person or a legal entity, that knows how to contact the company for which he/she is the agent; by law the agent's address and contact information is listed in the public record and registered with the designated branch of the Secretary of State's office of the state in which that company is doing business. Hence, the term "registered agent". In addition, the agent should know who the pivotal people, the owner(s) or manager(s), are in the company and where and how they can be contacted. An agent has special allegiances and duties prescribed by the laws of each state which must be followed.

Any definition that implies a registered agent is merely a glorified mail clerk hired to accept or receive correspondence and documents on behalf of a company is either misinformed or grossly understating the import of an independent registered agent.

•Why does my company need a Registered Agent?
Under the laws of every state and territory of the United States, certain business entities, such as corporations and limited liability companies, must have a registered agent located in the state in which the business is chartered and in each and every other state where the company is qualified to transact business. In short, a company needs a registered agent because it is required by the law.

•What does a Registered Agent do?
First and foremost, a registered agent is an agent of the business that hires him/her. The duties and responsibilities are derived from a niche area in the common law called, "Agency". Hundreds of books have been written to explain to lawyers what agents are, are not, what they can, cannot, should and should not do. A definitive answer that addresses all agent roles in all situations is elusive, at best. Suffice it to say, an agent is a representative that works for and toward the the best interests of the person(s) or business (called "the principle" in the common law) that hires the agent and to do so with greater than average diligence and loyalty. Think of a real estate agent and the duties he/she has to the sellers of a home. The duty owed to the principle by an RA is similar. The difference is the registered agent  works on behalf of a company, its owners, its officers and all their interests.

While being available to receive legal and other official papers (the dictionary definition used by people who do not fully appreciate everything that an RA does) is within the general duties; and, to perform these tasks properly is certainly in the best interests of the company and its actors. However, any number of other acts or non-acts maybe required of the agent depending on the situation and company he/she represents. So, in those favorite lawyer words the public has grown to love, "It depends.... "

•Why can't I be my Company's Registered Agent?
You could, but it would be an imprudent choice. Technically, any person aged 21 or older could be a registered agent. However, simply assuming the role and title doesn't make one an adequate registered agent. There is a mix of business procedure, agency law and evidentiary documentation inherent in the duties of the agent. One must understand the import and implication of documents received and handle them appropriately. In some circumstances deadlines are extremely important. Recognizing those instances and the associated time frame comes within the territory of being a registered agent.

Whenever there are deadlines involved, calendars and dates are crucial. Verification and/or proof of those dates is a specialized area an agent must fully understand. This certainly means more attention than the average business person pays to mail and documents.  Even if you have been to law school or business school, being your own RA is a questionable idea.

For a variety of reasons beyond the scope of this explanation, it is prudent to utilize a third-party to fill the role of Registered Agent. Not convinced? There has to be a compelling reason why, for example, all of the companies on the New York stock exchanges have designated independent registered agents who are not employees, not owners, not accountants, nor lawyers of the company. Do they matter why? Because they are doing it correctly. Just follow their lead and you'll look as smart as they are. You'll be glad you did.

•What happens if my company does not elect or maintain a Registered Agent?
Depending on the law of the state in which your company is located in, failure to maintain a Registered Agent in the state’s public record and/or registered with the Secretary of State's office can result in delinquency status, administrative closure, loss of legal status or revocation of the company's charter. This may affect a company's ability to transact business, affect the validity of licenses it holds, or freeze or compromise certain financial or banking accounts; never rule out the likelihood of the assessment of an ample mandated fee to re-register the agent and regain your company’s "good standing".

•When should my company designate a Registered Agent?
All states require certain entities (corporations, limited liability companies and others) to designate a Registered Agent (RA) when the business first applies for its state charter. In other words, every company must have a registered agent from the start. Inexperienced originators frequently name themselves as the RA without understanding the implications of what they are doing, what they agreeing to or what they may be foregoing. If that is you, NO PROBLEM. PRA™ will file the necessary change of agent notices for your company when you engaged PRA™. Some states have filing fees for these changes; with some other registered agents the actual state filing fee is passed on (charged) to the company (you). When you hire PRA™ the generation and filing of the paperwork is free. The Secretary of State web sites have information on mandatory fees for changing registered agents. See for yourself.

•How can my company sign-up for Registered Agent services?
Follow the simple online sign-up process by clicking on the link above the panoramic  picture below. To sign-up by another method, please contact us by telephone.

•What is the Referral Program?
If you are a current subscriber or other professional that regularly assists individuals in setting up, starting or organizing companies, you can earn money by referring Preferred Registered Agents. A referral fee is paid for each company referred that hires PRA™. By getting PRA™ on board early on, the new company saves money immediately and subsequently each year with our modest fees. Learn more about the referral program. Or, call us.

•What is included in the agent services PRA™ offers?
PREFERRED REGISTERED AGENTS™ provides the following services by subscription:

• • Represent your company as its Registered Agent of record

• • Provide free forwarding of official correspondence

• • Accept of Service of Process on behalf of your company

• • Allow changes to the forwarding address of your businesses

• • Provide administrative assistance in the state of incorporation

• • Assistance with other state qualifications, as necessary

• • Provide tickler service for important statutory deadlines

Additional services are available to companies with active registered agent subscription. See the members area for details and options. (An active subscription is required to access the member area.)