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The word to know in Maryland is resident agent. The Department of Assessments and Taxation (SDAT) describes it as the Maryland resident age 18 or older, the Maryland corporation, or the Maryland LLC chosen by your business to receive service of process. Our Maryland business guide covers the search tool and the fees.
Who can be a resident agent in Maryland?
Three kinds of agent are named in SDAT's entity search help:
- A Maryland resident who is 18 or older.
- A Maryland corporation.
- A Maryland LLC.
The wording names Maryland entities, so an out-of-state company is not on the list. If you are an out-of-state owner, you need one of the three. Our guide for non-residents covers the wider picture, and registered agent services explains what to compare when you hire one. We do not name any provider.
The pages we read do not say whether the agent must consent in writing, or whether a P.O. box is acceptable. Do not assume either. Ask SDAT or read the Corporations and Associations Code before you name someone.
How do I change a Maryland resident agent?
SDAT's fee schedule has a line for a change of principal office, resident agent and resident agent's address. For LLCs, foreign and domestic, it is $25. An expedited review adds $50. Corporations have a similar line for a notice of change of the agent's name or address at $25 per entity.
Business Express adds a 3% service and convenience fee on online payments, so a $25 filing costs a little more online. Speed follows SDAT's general charter timing: paper filings that are not expedited may take 4 to 6 weeks, and a paper expedite is $50, so plan the change well before the old agent leaves.
What if the company has no resident agent?
This is a real problem in Maryland, because it affects the entity's status. The status guide from SDAT lists "Not having an active resident agent" among the most common reasons a business is Not in Good Standing. The other common reasons include a missing Form 1 and a late-filing penalty.
The fix is simple. If the business does not have a current resident agent, file a Resolution that appoints one. The form is under "Forms and Applications" on the SDAT website. You can also file a Resolution online through Maryland Business Express.
Leave it alone and the status can get worse. SDAT says a business is usually forfeited only after it has been Not in Good Standing for a period of time. Forfeited means the entity has given up the right to conduct business in Maryland and has no right to use its name.
What does the agent receive?
The agent receives service of process for the company. See our service of process guide for what that paper looks like and what to do with it. Keep the agent's address current. If the agent moves and no one updates the record, the paper goes to the wrong place.
How do I look up a resident agent?
Use the SDAT business entity search. You can search by all or part of the name. Open the result and select the General info link. The resident agent is shown there. SDAT's database is updated Monday to Friday. For a walk-through, read our registered agent lookup guide.
Should I act as my own agent?
If you are a Maryland resident, you probably can. Your name and address then appear on the public record. Our guide to being your own registered agent lists the trade-offs, and the Maryland LLC guide shows where the agent fits in the formation steps.