A part of the formation of a corporation or LLC involves the designation of individuals to act on behalf of the corporation in various capacities. One of these capacities is the registered agent, who is responsible for the receiving, forwarding and reporting of various legal and tax documents.
A California business law attorney can help you designate an appropriate individual to act on behalf of your corporation as the registered agent. They will be able to explain the services required of them, as well as help keep record of their duties and execution thereof.
What is a registered agent?
A registered agent is the individual responsible for receiving and forwarding important legal and tax documents. They typically handle:
- Service of process (lawsuits);
- Franchise tax and/or annual reports; and
- Official governmental forms.
Depending on who serves as your company’s registered agent they may be authorized to handle all the correspondence on their own. This is typical of very small businesses where the owner is designated as the registered agent. In other cases, the registered agent may be responsible for forwarding the documents to the appropriate officers of the corporation.
Who can serve as a registered agent?
Your California business law attorney can assist you in determining the best individual for taking the position as your corporation’s registered agent. To be eligible to act as a registered agent, you must have a physical address (not a P.O. Box) in the state of incorporation. The registered agent must also be approved by the state of incorporation.
A company can also serve as a registered agent to corporations. There are many registered agent services available to corporations which offer online access to all their documents and real-time tracking of reported materials. Whether your registered agent is a person or a company, they need to be designated in your articles of organization or incorporation.
Penalties for Improper Functions of Registered Agents
Most states have consequences for corporations or LLCs that do not comply with their registered agent requirements. Most state penalties include the revocation of the business’ corporate or LLC status, as well as penalty fees.
If the registered agent fails to perform their required services, they put the business in jeopardy with state and federal standing. When designating the registered agent in your articles of incorporation, you should be careful to outline the punitive actions to be taken should your registered agent default on their responsibilities.
Hiring a California Business Law Attorney
Your California business law attorney can best explain all of the services and duties required of a registered agent for your corporation. Because all corporations differ in the types of documentation and correspondence they must maintain to remain in good standing, each business is unique in their registered agent needs.
A California business law attorney from the ADLI Law Group P.C. will help you select a registered agent and assist in determining a system of contact between them and your company. Contact us today for experienced help with your corporation’s registered agent needs - 213-290-4933.