Nevada LLC Registered Agent: Everything You Need to Know
A limited liability company (LLC) registering with the Secretary of State in Nevada must file Articles of Organization. 3 min read
2. General Information About Registered Agents and Service of Process
A Nevada LLC registered agent is a person, or a company authorized to accept legal documents (service of process) and notifications on behalf of the business entity from the office of the Nevada Secretary of State (SOS).
The registered agent is part of the public record. When viewing public records, the registered agent may also be known as the resident agent, statutory agent, registered office, or agent for service of process.
Registered Agent Process
A limited liability company (LLC) registering with the Secretary of State in Nevada must file Articles of Organization.
A registered agent may be designated prior to forming an LLC. At that time, the name of the business will be required. Once the process to begin forming the LLC is in progress, if the name you've selected is not available and must be changed, notify the registered agent so the records can be updated to reflect the change in name that is registered with the Secretary of State.
Once the LLC is registered and the articles of organization are filed — including the required registered agent information — the person or business providing services is ready to sign for any documents presented by a process server pertaining to your business.
General Information About Registered Agents and Service of Process
- The term "service of process" is the procedure used to provide a legal notice to a specific party, which is usually the defendant.
- Service of process can be conveyed in several ways such as through wage garnishments, official state correspondence, and other requests, and with subpoenas for records.
- The service of process is delivered to the registered agent. The time to respond to the service of process is limited, therefore, it is important that a reliable agent is designated to ensure you receive notifications in a timely manner.
- A registered agent is required to have a physical address in Nevada where documents can be delivered and accepted.
- The resident agent can be named as the commercial resident agent. This type of agent pays an annual fee to the Nevada Secretary of State and has access to preprinted state lists.
- Commercial registered agents represent more than 10 companies registered in the state of Nevada. Non-commercial registered agents in Nevada represent less than 10 businesses registered with the state.
- A designated commercial registered agent receives electronic notifications for businesses for a filing period on a monthly basis. The agent also has access to electronic lists that can be forwarded to the appropriate client.
- A designated commercial registered agent is required to provide the name and address of a person in the role of owner, officer, or manager who has the authority to make day-to-day decisions regarding agent operations.
- A commercial registered agent must have a physical address where processes of service can be served for any one of the companies being represented by the commercial registered agent.
- A mailbox service or a P.O. Box is generally not allowed to serve as the physical address because documents being served must be personally signed for by the designated agent.
- A person with a title or position such as a controller, office manager, owner, president, or other title or position may serve as the companies registered agent.
- Although some companies may choose to designate a person or a position within the company as the registered agent, there are some drawbacks to not designating a professional registered agent.
- One drawback is the possible lack of reliability if a professional registered agent isn't designated. Their job is to make sure all state paperwork is delivered and deadlines are met.
- If you choose to serve as your own registered agent and forms are lost or misplaced, you will still be held accountable for making deadlines and being in compliance with documents "served" to your business.
- Timeliness can also be a drawback when serving as your own registered agent. For example, if legal documents are received along with other correspondence through the mail, it may be overlooked or misrouted to a stack of unopened advertisement correspondence. This can lead to missing deadlines for a legal request, garnishment notification, or subpoena.
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