The Basics

Registered Agent

A “registered agent” is an “agent of the company” defined under statute (i.e. a “statutory agent”). In other words, a registered agents is designated to receive service of process when a company becomes a party in a legal action such as a lawsuit, legal summons or subpoena. A registered agent can either be a business or individual. Because of this, all states require that a company’s registered agent maintain a physical mailing address in the state where the company (or LLC) is registered. A PO Box does not 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 material to. The Registered Agent’s job is to simply accept such legal materials and forward it on to the relevant party. Nothing more.

At the state and federal level, the rules of civil procedure permit service of process on companies through their registered agents, and contain rules on how to serve such registered agents. Yes, any service of process your business might receive through a registered agent is important. Using a registered agent does not invalidate the process. Ignore a legal document submitted to your registered agent at your peril — you can risk a default judgement or worse.

Mailing Address

A Registered Agent is not the same as a physical or mailing address of the company. Most states require a business to have a physical address, regardless of where the company is actually conducting business. Companies operating exclusively on the Internet still must have a physical presence somewhere, dictated by where most of its operations are conducted, where it accept regular mail or where one or more of its owners sit. This is not the address of the Registered Agent.

Virtual Office

If you don’t want your personal address associated with your company, you can use 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 office as an address for your business.

How does a virtual office service fit into the mix? For starters, a virtual office is not the same as a registered agent. A registered agent (or registered office) only receives your legal documents on behalf of your company. A registered agent does not receive your general mail, and doesn’t have the processes to deal with regular mail. A virtual office can function as an address 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 mail and deliver it to you dependably.