Resident Agent Info

Resident agent requirements.

The general rules are nearly identical from state to state. The exact statute, the forms and the fees are your state's; the state pages tell you where to find them.

The six rules.

  1. A physical street address in the state

    The agent's address must be a place where a person can walk in and hand over papers: a street address, not a post office box, mail drop or virtual office, and it must be in the state where the entity is formed or registered. An entity registered in several states needs an agent in each of them.

  2. Available during normal business hours

    The agent, or someone acting for the agent, has to be at that address during regular business hours to accept service. An empty office or a locked door at two in the afternoon defeats the purpose of the appointment.

  3. Accepts service of process and official notices

    The agent receives lawsuits, subpoenas, garnishments and other legal process on the entity's behalf, together with notices from the filing office and often from the state tax authority. Delivery to the agent is delivery to the company.

  4. Forwards what it receives, promptly

    Receiving the papers is half the job. The agent has to get them to the company quickly, because a lawsuit carries a deadline to respond and the clock usually starts at service. Most commercial agents forward the same day.

  5. Named on the public record and kept current

    The agent's name and address are stated in the formation or registration document and appear on the state's public record. If the agent moves, resigns or is replaced, the entity must file a change with the state. Many states also require the agent's written consent to the appointment.

  6. Consequences of letting it lapse

    An entity with no agent, or an agent that cannot be found at the address on file, is out of compliance. The state can refuse filings, revoke good standing, impose penalties and ultimately dissolve the entity or revoke its authority to do business. A lawsuit served on a lapsed agent can go unanswered and end in a default judgment. The fix is a filing that names a new agent; the sooner the better.

Where the details differ

States differ on who may serve (some require an individual agent to be a resident of the state, some let any adult with an in-state address serve), on whether the agent must consent in writing, on the fee to change an agent, on whether a commercial agent must register with the state, and on how long an entity has to replace an agent that resigns. None of that changes the six rules above; it changes the paperwork.

The authority for all of it is the state's own statute and the filing office that administers it. Pick your state below for the office's address, phone number, hours and website, and confirm the current requirement there before you rely on it.