How to Become a Registered Agent in NJ
A registered agent can be either a person or an organization and knowing how to become a registered agent in NJ will help you properly conduct business.3 min read
2. What Are the Requirements for Foreign New Jersey LLCs?
3. Do You Need a Registered Agent in New Jersey?
4. What Does a Registered Agent Do?
5. How to Choose a Registered Agent
Knowing how to become a registered agent in NJ will help you properly conduct business. A registered agent can be either a person or an organization. This agent receives service of process on the company's behalf and is the official point of contact for the entity.
How to Become a New Jersey Registered Agent
There are several state laws in place to follow to become a registered agent. These include requirements that the person is a business entity who's been authorized to conduct business in the state or is over 18 years old. The person must also have a physical street address located in New Jersey where the service of process can be delivered to (also called the registered office).
The laws in New Jersey can sometimes be unclear and inconsistent. The following apply to these different structures:
- A registered agent must be someone who is 18 years old for a corporation.
- A limited partnership can have a resident of New Jersey or a corporation that's been authorized to conduct business in New Jersey to be its registered agent.
- For an LLC, the agent must be a New Jersey resident or someone else who has authority to conduct business in the state.
- If a limited liability partnership doesn't have an office located in the state, the registered agent needs to be someone who lives in or has been given the authorization to do business in the state.
These laws are related to limited partnerships and corporations. They say a corporation can be a registered agent but don't allow an LLC to do the same. Laws related to LLPs and LLCs let an LLC or corporation be the agent since both the LLC and corporation are thought to be a legal person.
What Are the Requirements for Foreign New Jersey LLCs?
Nonprofits, domestic corporations, foreign corporations, and all domestic or foreign LPs, LLPs, and LLCs who do business in the state of New Jersey need to have a registered agent that has a New Jersey address. There is a $125 filing fee for foreign New Jersey LLCs that register and they must have a registered agent from New Jersey. The filing fee is also $125 for any foreign New Jersey corporations. When you're filing the certificate of authority as a foreign corporation or foreign LLC in New Jersey, you'll need a certificate of good standing from the state you call home.
This is a list of the fees in certain states:
- New York - $25.
- Pennsylvania - $40.
- Delaware - $50.
- New Jersey - $125.
Do You Need a Registered Agent in New Jersey?
New Jersey has a mandatory law for a registered agent in each limited liability company, corporation, and limited partnership. A registered agent is also needed for a limited liability partnership if they don't have a New Jersey office that applies to each entity, be it a domestic or foreign entity. A company assigns a registered agent as the person who will receive any official documents such as subpoenas or lawsuit papers.
What Does a Registered Agent Do?
A registered agent must have a street address that isn't a post office box in New Jersey. The agent must be free during normal business hours to receive service of process that the company receives. The agent also in charge of receiving any official papers that are mailed or delivered to the business, such as license renewals.
The agent must let the business owner know of the papers received and promptly forward them to the proper owner. Registered agents may offer extra services, such as arranging and filing any registration documents, sending out reminders for due dates related to license renewals or yearly reports, and keeping documents.
How to Choose a Registered Agent
There are two common ways to designate a registered agent. You can choose a person who is an employee or owner of the company. You can also choose an outside registered agent, which is often a corporation that has a practice of being a registered agent for more than one business entity. However, it can also be a person.
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