Sergei Tokmakov, Attorney — California Bar #279869
What is a Registered Agent?
A registered agent (also called a statutory agent or resident agent in some states) is a person or company designated to receive official legal and government documents on behalf of your business. Think of them as your company's official point of contact with the state.
What Documents Does a Registered Agent Receive?
- Service of Process: Legal documents if your company is sued
- State Correspondence: Annual report reminders, tax notices, compliance deadlines
- Official Government Mail: Secretary of State communications, franchise tax notices
- Legal Notices: Subpoenas, court orders, regulatory communications
Why This Matters for Foreign Owners
If your company is sued in the US and you do not have a valid registered agent, you may not receive notice of the lawsuit. Courts can enter a default judgment against your company without you ever knowing about the case.
Registered Agent Requirements
Every state requires registered agents to meet specific criteria. The requirements are similar across states:
A Registered Agent Must:
- Have a physical street address in the state of formation (PO boxes are not allowed)
- Be available during normal business hours to accept documents
- Be at least 18 years old (if an individual)
- Be authorized to do business in that state (if a company)
Why Foreign Owners Cannot Serve as Their Own Registered Agent
You need a physical address in the state where your LLC is formed, and you must be available during business hours to receive documents. If you live outside the United States, you cannot meet these requirements. Even if you visit the US regularly, sporadic presence is not sufficient.
What Happens Without a Registered Agent?
If your LLC does not maintain a valid registered agent, the state can:
- Administratively dissolve your LLC
- Revoke your authority to do business
- Impose penalties and late fees
- Make your company ineligible for Certificate of Good Standing
Your Registered Agent Options
Commercial Registered Agent Service
Professional companies that specialize in registered agent services. The best choice for foreign-owned LLCs.
- Always available during business hours
- Instant notification when documents arrive
- Scanned documents sent via email
- Compliance reminders and annual report alerts
- Privacy - their address appears on public records
Attorney as Registered Agent
Some law firms offer registered agent services. Useful if you want your attorney to receive legal documents directly.
- Immediate legal review if you are sued
- Combined with other legal services
- Higher cost than commercial services
- May require existing attorney-client relationship
Individual Resident
A friend, family member, or business associate who lives in the state. Not recommended for foreign owners.
- Lowest cost option
- Informal arrangement
- Relies on personal availability
- Their home address becomes public record
- No professional tracking or reminders
Popular Registered Agent Services
For foreign-owned LLCs, I recommend using established commercial registered agent services. Here is how the major providers compare:
| Service | Annual Cost | All 50 States | Best For |
|---|---|---|---|
| Northwest Registered Agent | $125/year | Yes | Privacy-focused, excellent customer service |
| Registered Agents Inc. | $99/year | Yes | Budget option with reliable service |
| CSC Global | $299/year | Yes | Enterprise companies, extensive compliance tools |
| LegalZoom | $299/year | Yes | All-in-one formation packages |
| Incfile | $119/year | Yes | First year often included with formation |
| ZenBusiness | $199/year | Yes | Modern interface, worry-free compliance |
My Recommendation
For most foreign-owned LLCs, Northwest Registered Agent or Registered Agents Inc. provide the best balance of cost and service. They specialize in registered agent services (rather than offering it as an add-on), scan and forward documents promptly, and have been reliable in my experience with client companies.
What to Look for in a Registered Agent
Essential Features
- Physical address in your state of formation
- Same-day scanning and email forwarding
- Online dashboard to view documents
- Compliance calendar and reminders
- Easy to change if you switch services
- Responsive customer support
Red Flags to Avoid
- Using a PO Box instead of street address
- No clear process for document forwarding
- Difficult cancellation policies
- Hidden fees for basic services
- Poor reviews for document handling
- No online access to received documents
Changing Your Registered Agent
You can change your registered agent at any time. The process varies by state but generally involves:
- File a Change of Agent form with the Secretary of State ($0-50 fee depending on state)
- New agent accepts appointment - most commercial services handle this automatically
- Previous agent is notified - they should forward any pending documents
Common reasons to change registered agents:
- Current agent is too expensive
- Poor document forwarding or notification
- Bundling with other business services
- Original agent going out of business
- Moving to a different state (requires new in-state agent)
State-Specific Considerations
Delaware
Delaware has many registered agent options due to the large number of entities formed there. Most major services have Delaware offices. Delaware uses the term "registered agent" and requires agents to consent to their appointment.
Wyoming
Wyoming also has extensive registered agent options. The state is known for privacy-friendly policies, but your registered agent address still appears on public LLC records.
Other States
If you are forming an LLC in a state where your business operates (California, Florida, Texas, etc.), make sure your registered agent service covers that specific state. Most national services cover all 50 states, but pricing may vary.
Need Help Setting Up Your US LLC?
I help foreign investors form US entities with proper registered agents, EINs, and banking. Schedule a consultation to discuss your structure.
Sergei Tokmakov, Attorney — California Bar #279869