If you decide to create your LLC in Virginia, you must designate an individual or business to serve as the registered agent for the company. The Virginia State Corporation Commission (SCC) requires every registered business entity to have a registered agent. A registered agent receives official documents from the state, as well as a service of process if someone files a lawsuit against the business. They must have a physical address in Virginia, known as the registered office. While Virginia law requires your company to have a registered agent, you may find that having one offers a variety of benefits.
A registered agent is the official point of contact for your business for official correspondence and lawsuits. The name and physical address of each registered agent is public record so that anyone who intends to file a lawsuit or make another legal claim against a business can know where to send the paperwork.
Registered agents receive important documents on behalf of business entities, including:
According to Virginia law, a registered agent’s only duty is to forward the paperwork it receives to the business at its last known address.
An individual or business may serve as a registered agent. In either case, they must meet the following criteria:
Virginia makes one exception with regard to P.O. Box addresses. You may use a P.O. Box address if the registered office is located in a city or town with a population of less than 2,000, and the location has no associated street address. The SCC will limit you to paper filing in that situation instead of the Clerk’s Information System (CIS) online portal.
An individual must be at least 18 years old to serve as a registered agent. They must also meet one of the following criteria:
A business can designate a third-party business as its registered agent. Some lawyers or law firms provide this service, and many service companies exist that will act as registered agents for an annual fee.
A business may not serve as its own registered agent. Suppose you form a business called Company, LLC. The registered agent cannot also be Company, LLC, but the following individuals or businesses could serve in that role:
You, as an individual, can be the registered agent for your own company as long as you meet the qualifications discussed above. Anyone in a managerial position within a business entity can serve as that entity’s registered agent.
Privacy is an important factor to consider, however, before you decide to designate yourself as your company’s registered agent. The name and address of every registered agent is a matter of public record in Virginia and every other state. If you do not want anyone who might have a legal claim against your company to have quick access to your name and contact information, you have other options besides naming yourself as the registered agent. For example, Tailor Brands is authorized to serve as a registered agent in Virginia.
You must name a registered agent and designate a registered office when you create an LLC or other business entity. Once your business is underway, you can change the registered agent or registered office address by filing additional documents with the SCC.
An individual or business must consent to serve as a registered agent. The paperwork does not require the registered agent’s signature, unlike some states. A registered agent can resign at any time with no fee by filing Form LLC-1017 with the SCC. The business then has 31 days to appoint a new registered agent.
You can change your business’s registered agent or registered office online or by mail. The SCC does not charge a fee for this.
You can use the CIS online portal to appoint a new registered agent or change the registered address. First, you must create an online account with the SCC if you do not already have one. You can then log in to the CIS system to file business paperwork.
To change your current registered agent, change the registered address, or appoint a new registered agent if your current one resigned, do the following:
To change your registered agent or registered address by mail, you may download Form LLC-1016 from the SCC. This form asks for the following information:
You may sign the form on behalf of the company or in your individual capacity, as appropriate for the situation. Mail the form to the State Corporation Commission, Clerk’s Office, P.O. Box 1197, Richmond, VA 23218-1197. If you prefer to use courier delivery, you can send it to 1300 E. Main St, 1st Floor, Richmond, VA 23219. Once the SCC has processed and filed the form, it will send you an Acknowledgement of Change to the business address it has on file for you.
Virginia law requires you to have a registered agent for your business entity. Using a registered agent service offers multiple benefits over doing it yourself.
For a relatively low cost, a registered agent service allows you to focus on running your business without having to worry about missing important legal or tax notices. The service will securely log and store these documents while giving you prompt notice.
Business owners might want to keep their personal information private for a wide variety of reasons, from safety concerns to a simple desire to keep business and personal lives separate. A registered agent service can keep personal information out of the public record. Perhaps most importantly, they prevent process servers from showing up in front of customers or employees.
Maintaining an LLC or other registered business entity in Virginia requires you to complete numerous forms and pay various fees to the government. A registered agent service can help you keep up with these obligations by reminding you of important deadlines. If you choose for them to do so, they can even file paperwork for you.
Virginia law requires a registered agent to be available during normal business hours, which typically means 8:00 or 9:00 a.m. to 5:00 p.m., Monday through Friday. Registered agent services are always available during those times, which is great for businesses that do not maintain regular business hours or business owners who travel frequently.
Businesses tend to receive a large amount of unsolicited mail. Call it “junk mail,” if you will. When you register a business entity with the SCC, that information becomes part of the public record for countless other businesses that have something to sell. A registered agent service takes that burden off you by keeping unnecessary business mail from piling up at your work location. They can make sure that the important mail gets to you.
Running your own business carries a large number of obligations. You must keep up with filing requirements, you must pay annual fees to the state, and you must have someone who is available from 9 to 5 to receive various documents. A registered agent fulfills that last obligation. A registered agent service can help your business keep up with all of these requirements.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
Shai Shmarel started his life as a corporate lawyer before switching to being an SEO and Content Manager at Tailor Brands. He has experience in managing companies, rankings SERPs and covering a content-driven approach for all things legal, business and marketing. When off work, you’ll usually find him chilling with a cup of coffee and a book in the desert.
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