You've likely read that you need a registered agent for your new LLC or corporation. But what is a registered agent? Perhaps more importantly, who is the registered agent?
In a nutshell, the registered agent is the person who receives communications on behalf of the corporation or LLC. For instance, if the company is sued, the sheriff, marshal, or a process server must serve papers directly to a person. A corporation or LLC, even if it has a physical location or storefront, is not a true person who can receive such correspondence. Therefore, a registered agent is needed to act as a stand-in for the company to receive official communications and documents. Note that the agent is not necessarily responsible for responding to these communications but can deliver them to the person who is.
So, who should act as your company's registered agent? This depends. The registered agent's address must be a physical street address at which the agent can be found, meaning that a PO Box is not eligible. Keep in mind that this address will be available to the public via the LLC or corporation records listed on the Secretary of State website. If your corporation or LLC has a physical location, you could list yourself as the agent and use that address, but what if you're working out of your home? You may not want your home address to be publicly available. In this case, you may be able to engage the attorney who helps you set up your LLC or corporation to serve as your company's registered agent. If so, any official documents will be delivered to the attorney's office, and can then be passed along to you. Alternatively, there are companies that serve as a professional registered agent and can handle this important task for you.
At The Beck Law Firm, we can help you decide who to list as your registered agent when we work with you to form a new business entity. Give us a call (678) 344-5342 to find out how we can help you. For more information on starting a business, click here to download our free Guide to Starting a Business in Georgia.