Registered Agent FAQs
Why do you need a California Registered Agent?
When a domestic corporation, LLC, or LP is formed or if a foreign corporation, LLC, or LP qualifies to do business in California, the company must designate an agent for service of process with a California address. Note: We can provide a Delaware registered agent and a Nevada Registered Agent for all types of businesses.
What is a Registered Agent?
In California, a Registered Agent is a corporation that has filed a document called a 1505 with the California Secretary of State. A 1505 enables the corporation to act as a registered agent. All registered agents must be in compliance with the California Business and Professions Code. Registered Agent Service is often called Resident Agent Service; however there is no difference.
What does a Registered Agent do?
A Registered Agent accepts service of process on behalf of the company and immediately forwards the service of process to either the company, or if preferred, the company’s attorney. In addition, the Registered Agents will forward correspondence from the state filing agency, state tax agency, and the Internal Revenue Service directly to your company.
Why would the company ever get service of process?
If the company is sued, the plaintiff's attorney (for civil suits) or the court for other legal pleadings will have a Process Server serve the company’s Registered Agent notice of the lawsuit. A company may also receive legal notices regarding company's employees such as demands for child support, wage disclosures, or wage garnishment.
I thought the corporation/LLC/LP is a separate legal entity. Why does it require a Registered Agent?
Even though a corporation/LLC/LP is a separate entity, it cannot answer the door and physically accept the court document in its hand. Therefore, state filing agencies require that a corporation designates a Registered Agent to received service of process on the company's behalf.
Can an officer or director of the corporation or the manager of a limited liability company be designated as the Agent for Service of Process?
Yes, they can if they meet all the requirements:
They are over the age of 18.
They should have a physical address in the state of California.
They should be present at the physical address; Monday through Friday during normal business hours to accept service of process.
Disadvantage of designating your client as the California Agent for Service of Process
Often, service of process can become lost or given to the wrong person’s inbox. Problems arise when service of process is not addressed specifically because most court documents have set dates to appear or deadlines for responses.
If the business is operated out of your client's home, a process service may try to serve your client at 9:00 PM on Sunday night. Even worse, since the Agent for Service of Process' address is public, an angry customer may surprise them at their house.
If there is a store front or small office, there is a possibility of being served a lawsuit in front of their customers and staff. This could be embarrassing.
The agent often receives a lot of “junk mail” and solicitations at their address.
Your registered address is of public record. Anybody in the world can view the address for free via the Secretary of State's website.
Every time your client relocates its registered address, they will have to remember to file a Statement of Information with the state filing agency.
I want Sun Document Filings to designate a Registered Agent on behalf of my client's company. What is the procedure?
If the company is a new domestic business entity, the Registered Agent's name will be required on the Articles of Incorporation/Organization/or Certificate of Limited Partnership. Once the formation document is filed, our Registered Agent will represent the company.
If the company is a foreign entity qualifying to do business in California, the Registered Agent's name will be required on the Statement and Designation/Application for Registration. Once the qualification or registration document is filed, our Registered Agent will represent the company.
If the company is an existing domestic or qualified foreign corporation or LLC, the company will need to file a new Statement of Information (Annual Report) designating the new Registered Agent's name. Once the Statement of Information is filed, our Registered Agent will represent the company.
Please contact us on how to designate a Registered Agent and we would be happy to go over the process with you. We can fill out the Registered Agent portion on the form and e-mail it to you.
If you will be forming a business or qualifying a business in another state, we provide nationwide registered agent services for $169.00 per unit. Discounts apply to companies if we provide registered agent services in 2 or more states.