What Is a Michigan Resident Agent?
As you file the required forms for creating an LLC in Michigan, you need to appoint a resident agent and declare a registered office in your articles of organization. Michigan requires every LLC (and every corporation) to keep a resident agent and a registered office. A resident agent, often termed a registered agent in other states, is a person or business authorized to receive correspondence delivered to a business in the normal course of business during normal business hours. The resident agent may be a person or business that offers registered agent services.
Registered or resident agent’s purpose:
The primary function of a registered agent is to be available during normal business hours in the event any documents require a signature to verify delivery. A registered agent would accept the following on behalf of a business:
- Legal documents
- Government documents such as annual report notifications
- Tax forms
- Service of process
Should these documents be received by a registered agent, they will then inform the owner(s) of the company of their receipt and ensure the owner has access to them immediately.
Requirements for a resident agent in Michigan
In Michigan, all LLCs must appoint and maintain a resident agent. The resident agent must have an office within the state. The following requirements apply:
- May be a Michigan resident, a domestic corporation or LLC, or a foreign corporation or LLC authorized to do business in Michigan
- A business entity agent’s business office must be the registered office
- Must have a physical street address (P.O. boxes are not accepted) within the state
- Individual agents must reside within the state of Michigan
- Business entities must be permitted to do business in Michigan
- Must be available to accept service and sign for documents in person during normal business hours
Can I Be My Own Resident Agent in Michigan?
You can serve as your own resident agent if you are older than 18 and have a street address in Michigan. However, you may not wish to do this unless you are planning to be in your office during normal business hours every single business day of the year.
You may also consider a friend or close family member, or you may appoint another owner or member of the LLC as a resident agent, assuming they understand that their address will be made public. Primarily, a resident agent’s responsibility is to ensure someone is available during all normal business hours to receive communications from the state, accept service, and receive other important documents which may require someone’s signature.
How Do I Appoint a Resident Agent?
You will have the option to appoint a resident agent when you file your LLC’s articles of organization. You can either hire an LLC formation service to take care of this for you or go through the steps yourself.
If you’re going through everything yourself, you name your resident agent in your Articles of Organization, filed online through the MiBusiness Registry Portal (you’ll need a MiLogin for Business account). There’s no separate appointment fee. You can also file the Articles of Organization by mail or in person at the addresses below.
How Do I Change My Resident Agent?
In the event a resident agent resigns or you opt to change your resident agent, you will have to file a Certificate of Change of Registered Office and/or Resident Agent (CSCL/CD-520, $5) with the state of Michigan. The process may be completed as follows.
Change resident agent by mail by filling out the proper form and mailing it to:
- Michigan Department of Licensing and Regulatory Affairs Corporations,
- Securities & Commercial Licensing Bureau Corporations Division
- P.O. Box 30054
- Lansing, MI 48909
The fee for mail service is $5, paid by check or money order.
Change resident agent in person by filling out the proper form and hand-delivering it to:
- 2407 N Grand River Avenue
- Lansing, MI 48906
- Telephone: (517) 241-6470
The $5 fee, when paying in person, may be paid by check, money order, or major credit card.
Change resident agent online by filing the Certificate of Change of Registered Office and/or Resident Agent (CSCL/CD-520, $5) through the MiBusiness Registry Portal.
Expedited service is also available for a change of agent, from $100 (24-hour) to $1,000 (1-hour), depending on how quickly you want the filing completed. In all cases, the resident agent fees are non-refundable.
Benefits of Using a Michigan Registered Agent Service
While some business owners may feel that using a registered agent service is not necessary, there are some significant benefits to using a service. These include:
Peace of mind
You are busy running your business. Using a service can help prevent disruption in your office during working hours.
Privacy
Regardless of where you work, if you are your own resident agent, you lose some privacy. Michigan publishes the addresses of all resident agents online in the Michigan Business Entity Search. When you use a registered agent service, your agent’s address appears on the public record instead of yours.
Compliance with state law
A resident agent can help you comply with Michigan laws. A registered agent service can forward state notices and remind you about annual statement deadlines. This can be very beneficial as you will not have to worry about missing important filing deadlines and potentially accruing fees and penalties.
Flexibility
Unless you plan to be in your office every working day of the year, during “normal” business hours, you need a resident agent. This means you are not able to work from a separate office, take a vacation, or even travel to see customers during working hours. Registered agent services offer business owners a lot of flexibility.
Reducing paperwork
One of the most frustrating aspects of business is the documents that must be stored. Fortunately, most registered agent services will have all the documents you need to maintain your company in good standing.
Since a resident agent has all your important documents in hand, it will be easy to find the documents you need to open a bank account, apply for loans or credit cards, or provide corporate documents to potential vendors or clients.
Conclusion
While Michigan does require each business to have a resident agent, the process of appointing an agent does not have to overwhelm business owners. Finding a reliable agent is the primary goal you should focus on when considering an appointment. Registered agent services typically cost $50–$300 per year, a small part of your overall Michigan LLC costs.
FAQ
A resident agent is a person or company that receives legal documents, state notices, and tax forms on behalf of your LLC or corporation in Michigan. Every business entity is required to appoint one to stay in compliance with state law.
Yes, you can serve as your own resident agent if you’re over 18 and have a physical street address in Michigan. However, many business owners prefer to hire a registered agent service for privacy and peace of mind.
Yes. Your resident agent must have a physical address within the state of Michigan which is termed a registered office. P.O. Boxes are not accepted, and the agent must be available during normal business hours to receive documents.
If your LLC doesn’t maintain a resident agent, or if the agent can’t be reached, you could miss important legal notices, such as service of process in a lawsuit. In that case, service can be made through the state by mail to LARA.
Yes, you can change your resident agent at any time by filing a Certificate of Change of Registered Office and/or Resident Agent with the Michigan Department of Licensing and Regulatory Affairs (LARA). The fee is $5.