Colorado Registered Agent: Everything You Need to Know
A Colorado registered agent is someone, either a business or person, that receives service of process for another entity. 4 min read
Colorado Registered Agent Defined
A Colorado registered agent is someone, either a business or person, that receives service of process for another entity. However, the registered agent does not have to be the business's director or owner.
Service of process is a term that is used when legal documents are delivered for the purpose of a lawsuit, and can also be called:
In Colorado, a registered agent must possess a regular office, which is required to have a physical address, and needs to offer normal business hours.
When a registered agent receives a legal document, they are required to forward the document to the entity that they represent, allowing the state of Colorado to reliably contact businesses operating within the state. Depending on the state, the registered agent may serve as a business's contact point, and can receive documents such as reminders of due payments and tax notifications.
Who Needs a Registered Agent in Colorado?
The following entities in Colorado need a registered agent:
- Non-profit organizations
Colorado LLC Registered Agent Roles and Functions
While operating in Colorado, a registered agent can receive:
- Service of Process.
- Mail sent by the Secretary of State.
- Legal notices sent to the company the agent represents.
A registered agent can also receive documents meant for the legal contact that hired the agent, especially in circumstances where the business the agent represents is being sued. When a registered agent receives any documents, it will notify the business for which the documents are intended. A registered agent can scan and upload a document to an online account so that the business can review its documents shortly after they have been received. Registered agents will also forward documents as soon as possible after reception.
Colorado LLC Registered Agent Eligibilities
Colorado restricts who can serve as a registered agent, limiting the position to businesses that operate in Colorado or people who reside in the state.
If a foreign entity wants to do business in Colorado, they must be allowed to operate in the state and must have appointed a Colorado-based business or person as their registered agent.
The two main requirements to serve as a registered agent in Colorado are as follows:
- The agent must be at least 18 years old.
- The primary residence of the agent must be in Colorado.
The person or business appointed as a registered agent must be willing to accept the position. Businesses may serve as their own registered agent as long as they meet the requirements in Colorado. However, appointing the Secretary of State as a registered agent is not permitted. A business may only possess one registered agent, whether the agent is a business entity or an individual. Appointing a family member or friend as the registered agent of an LLC is allowed.
If a business is unable to find anyone in Colorado to act as their registered agent, they can hire a Commercial Registered Agent. Commercial Registered Agents are companies whose sole purpose is accepting service of process, and hiring one of these companies will typically cost as much as $300. You can reference sections 7-90-102 (55), (56), and (56.5), C.R.S., as well as section 7-90-701, C.R.S. for more information.
Why a Colorado Registered Agent is Needed
Colorado state law requires LLCs and corporations that wish to do business in the state to have a registered agent residing in Colorado.
If a business attempts to file with the Colorado Secretary of State and does not have a registered agent, their filing will be rejected. The purpose of a Colorado registered agent is to provide the courts and Secretary of State with a dependable means of contacting LLCs operating in the state. To remain in good standing and to comply with state law, corporations and LLCs must have a registered agent.
Advantages of Hiring a Colorado Registered Agent Service
Hiring a registered agent is easy and affordable, costing as little as $40 per year and allowing businesses to better handle their important documents. Having a registered agent results in less paperwork, as all documents are delivered to one individual who then makes them available online and notifies the business when they are ready for viewing. A registered agent can also improve a business's security, preventing the need for the business to list a home address when serving as its own agent. When companies list a home address as their point of contact, it often results in solicitations, and may expose their private data to identity theft.
If you need help finding or hiring a Colorado registered agent, you can post your legal needs on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.