Last updated
If you form an LLC or a corporation, you need a registered agent. Every state requires one. The agent is a person or a company with a street address in the state who accepts lawsuits and official notices for your business. The address goes on your formation papers and stays on the public record.
What the requirement covers
The law asks for two things that sit together: a registered agent and a registered office. The office is the agent's street address in the state. When someone sues the company, the court papers can be handed to the agent there. The state also uses the agent address for notices such as annual report reminders.
A few points hold almost everywhere:
- The address must be a physical place in the state where the agent can be found during business hours.
- The agent must agree to serve. Texas, Florida and Colorado all require the agent's consent or written acceptance.
- You need one agent for each state where the company is on the register: the formation state, plus every state where you file a foreign LLC registration.
- The agent does not have to be an owner, and an owner can often be the agent.
Who can serve: seven states compared
| State | Individual agent | Company as its own agent | Fee to change agent | Official sources |
|---|---|---|---|---|
| Wyoming | Resident, 18 or older | Not addressed in W.S. 17-28-101 | $5 | W.S. 17-28, fee schedule |
| Texas | Texas resident | Not for an LLC | $15 | formation FAQs, Form 205 instructions, Form 806 |
| Delaware | Delaware resident | Yes, if physically in Delaware | $50 | how to form, fee schedule |
| Florida | Florida resident | No | $25 (LLC) | s. 605.0113, Sunbiz FAQ, LLC fees |
| California | California resident | No | No fee between filing periods | business entities FAQ, fee schedule |
| Georgia | Georgia resident | No | $30 (amended annual registration) | business FAQ, filing fees |
| Colorado | 18+, lives or works in Colorado | Yes, after registering, if in good standing | $10 | registered agent FAQ, business fees |
Each state page below quotes the law and the fee schedule behind these rows.
When you can skip a paid service
You can act as your own agent if you meet the state's residency rule and you are at the address during normal hours. Two things to weigh first:
- Privacy. The agent's name and street address are public. California's Secretary of State warns individual agents about exactly this.
- Being there. A process server can arrive at any time during business hours. If you travel or work from changing places, papers can be missed.
If you live outside the state, you need someone who is there, such as a person you trust or a business that acts as agent for others. Some states regulate those businesses. Wyoming makes anyone who acts for more than ten companies register as a commercial registered agent. Delaware sets extra rules for agents serving more than 50 entities. California requires a corporation acting as agent to file a certificate under Corporations Code section 1505. If you own a US company from abroad, our non-resident LLC guide covers the rest of that setup.
If the company has no agent
States treat a missing agent as a compliance failure. What state law says happens:
- Wyoming: the company is classified as delinquent awaiting administrative dissolution, and papers are served on the Secretary of State (W.S. 17-28).
- Delaware: an LLC whose agent resigned is cancelled if it does not name a new agent within 30 days (6 Del. C. chapter 18).
- Colorado: the entity's status changes to delinquent (registered agent FAQ).
- Florida: the LLC cannot bring or keep a lawsuit in a Florida court until it complies (s. 605.0113).
- Georgia: the Secretary of State may administratively dissolve the entity (business FAQ).
A company can still be sued without an agent. Courts allow other ways to serve it, and the owner may never see the papers. That is how default judgments happen.
Registered agent rules by state
Each guide explains who can serve in that state, how to change agents, what the state charges and what happens if the agent resigns:
- Wyoming registered agent
- Texas registered agent
- Delaware registered agent
- Florida registered agent
- California registered agent
- Georgia registered agent
- Colorado registered agent
- New Jersey registered agent
- North Carolina registered agent
- Illinois registered agent
- New York registered agent
- Virginia registered agent
- Washington registered agent
Checking the agent of another company
To see who acts as agent for an existing business, search the state register and open the company's record. Our registered agent lookup guide walks through it, including what to do when the agent on file has resigned. A company's status, shown on the same record, tells you whether a missing agent has already cost it its good standing; the entity status guide explains the words states use.
More on this topic: registered agent services, being your own registered agent and service of process.