What Is a Virginia Registered Agent?

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 agent’s purpose

Registered agents receive important documents on behalf of a Virginia LLC or other business entity, including:

• Tax forms
• Official government documents, such as annual report or annual registration fee notices
• Legal documents
• Service of process in the event that someone files suit against the business

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.

Requirements for a registered agent

An individual or business may serve as a registered agent. In either case, they must meet the following criteria:

• They are a Virginia resident or a business registered with the SCC
• They have a physical address, not a P.O. Box or other mailbox service, that can serve as the registered office
• They are available to receive paperwork during regular business hours

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:

• They are part of the business entity’s management, such as a member or manager of an LLC or an officer or director of a corporation; or
• They are an attorney licensed to practice by the State Bar of Virginia

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, in your capacity as a manager or member of Company, LLC, as long as you live in Virginia
• Another manager or member who also resides in Virginia
• An attorney licensed and residing in Virginia
• A law firm with a Virginia office
• A resident agent service with a Virginia office

Can I Be My Own Registered Agent in Virginia?

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.

How to Appoint a Registered Agent?

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.

How to Change My 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. 

Changing a registered agent online

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:

• Click the “Online Services” tab at the top of the main CIS portal page
• Select “Business Entities” and then “Existing Businesses.” If your business is registered in Virginia as a foreign business entity, choose “Existing Foreign Businesses”
• Select “Virginia Entity” or “Foreign Entity,” as appropriate, and then choose your type of entity, such as corporation or LLC, from the drop-down menu
• Select “Statement of Change of Registered Office and/or Registered Agent” from the next drop-down menu and click “Continue”
• Enter the entity ID number that you received from the SCC, or use the search field to locate your business
• Once you have found and selected your business, check the box for “Replace / Reappoint Registered Agent”
• State whether the new registered agent will be a business entity or an individual
• If the new registered agent is a business entity, enter its entity ID or use the search function
• If the new registered agent is an individual, you can search for them by name in the CIS database or enter their information as a new registered agent
• Update the registered office address
• Complete the signature information
• Review, approve, and submit the form

Appointing a registered agent by mail

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:

• The name of your business entity
• The current registered address
• The name of the current registered agent
• The name of the new registered agent
• The new registered address
• A statement that these changes will keep the business in compliance with Virginia law

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.

Benefits of Using a Virginia Registered Agent Service

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.

Peace of mind (to deal with your small business)

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.

Privacy

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. 

Compliance with the state law

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.

Flexibility

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.

Reduces paperwork

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.

Conclusion

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.

FAQ