Understanding Registered Agents
Every corporation, whether foreign or domestic, regardless of its structure, must appoint a registered agent in the state of incorporation. So what is a registered agent anyways? A registered agent is the individual or entity responsible for receiving service of process when the corporation is a party in a legal action. Let us be your agent.
Service of process is generally the personal delivery of copies of legal documents such as a complaint and summons to give proper notice of the commencement of a legal action against the defendant, in this context the company. In the case of a corporation, service of process must be accomplished by delivering the documents to the agent designated to accept service on behalf of the corporation. The rules of civil procedures for different states set out how process is to be served generally varying slightly from state to state.
The function of a registered agent
Now, the most important question: Why do I need a registered agent? Aside from being required to have one of course! Well, it is important to consider the consequences of not having the right registered agent. Many business owners may be inclined to think, “Well if I do not know I am being sued, then no one can do anything against my company.” Wrong! Once proper service of process has been effectuated, the time starts to run for the company to respond. If the time to answer elapses, then a default judgment can be obtained against the company. Generally, a default judgment is a finding by the court in favor of the party bringing the action and against the defendant that did not respond or failed to appear, in this case your company. In turn, the company even if not present at the time the judgment was issued, must abide by it. One of the most common examples are debts; if the company did not appear to contest or respond to the allegations of a debt, and a default judgment is entered, the company must pay the debt or engage in a difficult legal batter in order to set aside the judgment.
It is imperative you select a registered agent that can successfully fulfill its responsibilities. A registered agent must have a physical address and must be available during business hours every day of the year with the exception of weekends and holidays. For example, in Florida, the law requires the registered agent for the company keep an office open at least from 10 a.m. to 12 p.m. every single day of the year except for weekends and holidays. The registered agent is the designated agent to receive correspondence from Secretary of State regarding the company or alerts by the state to companies.
|As your registered agents we will do all the heavy lifting and|
|Immediately and discretely notify of any service of process against the company|
|Forward any mail received from the Secretary of State regarding your corporation to the address designated by you|
|Remind you of upcoming compliance deadlines, such as the filing deadline for the annual report in your state of incorporation|
|Monitor your company’s status in the State(s) were it is registered|