Is Regus A Registered Agent
Registered Agent vs Business Accost
Registered Amanuensis vs Business Address
Here at L4SB, we form a lot of LLC's and Companies. Needless to say, our clients accept a lot of questions about forming their new company. This web log is written to answer 1 of our most common questions; what is the divergence between the address for a Registered Agent versus the visitor'south mailing address?
Addresses and Anonymity
Knowing the difference betwixt a registered agent and mailing address is very important for anonymous LLC'southward. Remember, a company possessor tin go along the knowledge of their ownership confidential for many legitimate reasons (read our article on Panama Papers: A Lawyer'south Perspective for more than data on legitimate reasons for anonymous LLC's and companies). Many owners looking to preserve their privacy opt for registered agent services.
Registered Agent
A "registered agent" is an "agent of the company" defined under statute (i.e. a "statutory agent"). In other words, a registered amanuensis is designated to receive a (i) service of process when a company becomes a political party in a legal action such as a lawsuit, (2) legal summons or (iii) subpoena. A registered agent can either be a concern or individual. Considering of this, all states require that a visitor's registered agent maintain a concrete mailing address in the land where the company (or LLC) is registered. A PO Box does non count as a physical mailing address.
This helps ensure that anyone participating in the legal process as against a particular company has a well-defined agent to send important legal textile to. The Registered Agent's task is to simply accept such legal materials and forrard it on to the relevant party. Null more than.
At the state and federal level, the rules of ceremonious procedure permit service of process on companies through their registered agents, and incorporate rules on how to serve such registered agents. Yes, whatever service of procedure your business might receive through a registered amanuensis is important. Using a registered amanuensis does not invalidate the process. Ignore a legal document submitted to your registered agent at your peril — you lot can risk a default judgement or worse.
Mailing Address
A Registered Agent is not the same as a physical or mailing accost of the company. Most states crave a business concern to accept a physical address, regardless of where the company is actually conducting business. Companies operating exclusively on the Net yet must take a physical presence somewhere, dictated by where well-nigh of its operations are conducted, where it accept regular mail or where one or more of its owners sit. This is not the accost of the Registered Amanuensis.
Virtual Role
If y'all don't want your personal address associated with your visitor, you can utilise a "virtual office". A virtual office is a place where you can rent space or services on behalf of your company. In turn, you use the virtual part every bit an address for your concern.
How does a virtual part service fit into the mix? For starters, a virtual office is not the aforementioned equally a registered agent. A registered agent (or registered office) only receives your legal documents on behalf of your visitor. A registered amanuensis does not receive your general mail, and may not have the processes to deal with regular mail. A virtual part tin can office every bit an accost for your regular office. It must be permitted by the United Stated Postal Service. A virtual office has the processes and permission of the USPS to handle your postal service and deliver it to you dependably.
To be clear, fifty-fifty if your Registered Amanuensis says they tin handle and process regular postal service for your company, and that it'due south okay to indicate your Registered Agent'south accost for the physical mailing accost of the visitor — information technology'due south actually not okay unless that Registered Agent is a valid USPS Commercial Mail Receiving Agency (or CMRA), and you lot'll know that because the Registered Agent asks you to fill out USPS Form 1583. If they don't practice this, they are violating USPS regulations, and you therefore open you company up to a claim of fraudulent filing by a plaintiff's attorney if your company should be sued.
Preserving Liability Protection: Why This Matters
If your LLC is sued, you lot desire the LLC to protect you from personal liability. This is one of the principal purposes of the LLC, simply it is possible to "pierce the corporate veil" of a LLC under certain circumstances. 2 of those circumstances would be if the LLC is "engaged in fraudulent behavior" or otherwise "fails to follow corporate formalities" (equally divers by the Operating Agreement or in Statute).
If you claim the LLC'south "physical mailing accost" is the Registered Agent'southward address, but you don't really command the Physical Agent'south accost, then you leave yourself open to a merits by the shrewd plaintiff'southward chaser that your LLC is either engaged in "fraudulent behavior" (i.e. by filing fraudulent paperwork to the Secretary of Country) or is not "post-obit corporate formalities" past not abiding past the statute that requires disclosure of where the company operates. If such an argument is successful in litigation, then that means the owners are potentially personally liable for the debts and obligations of the LLC.
This is why L4SB does not permit LLC's to utilise us equally both their Registered Agent and physical mailing address. You want the LLC to exist in control of its physical mailing address (i.e. with a legal mailing address maintained by the USPS), so that the shrewd plaintiff'due south attorney cannot use such an excuse to pierce the corporate veil, and potentially concord the owners of our customer'southward LLC's personally liable.
Law four Small Business, P.C. (L4SB). A Slingshot company. A little constabulary now can save a lot later.
Author: Larry Donahue
Larry Donahue is an attorney and founder of Law 4 Small Business, P.C. He is licensed to practice police force in Illinois, New Mexico and the United states of america Patent and Trademark Function.
Source: https://www.l4sb.com/blog/registered-agent-vs-business-address/
Posted by: bradleyawitin.blogspot.com
0 Response to "Is Regus A Registered Agent"
Post a Comment