Registered Agent Virginia: Everything You Need to Know
A registered agent Virginia works as a legal representative for Virginia businesses and outside brands doing work in the Commonwealth.3 min read
A registered agent Virginia works as a legal representative for Virginia businesses and outside brands doing work in the Commonwealth.
Businesses in Virginia are to be represented through the Commonwealth of Virginia State Corporation Commission via a “registered agent.” The “RA” acts as your representative who has a legal standing in the Commonwealth state.
Leveraging Services From the RA
The RA is a registered professional with his or her own law practice. This Virginia professional receives subpoenas, notices, and legal documents from the State court on your behalf. The agent must be a Virginia resident.
The agent is then granted the right to receive reports and court files as a representative of your company. The law requires your lawyer to register as an office for receiving documents and reports. This RA must have “open doors” during normal business hours. Doing so allows them to receive files for due process.
Expediting the Legal Matters
Notices are a central part of legal processing in Virginia's business districts. The legal process moves forward with a qualifying agent who receives notices as they come. Your court summons will work through Virginia's “service of processing“ standards, which provides you with specific timeframes to file documentation and to respond.
Your registered RA must be a diligent candidate due to the importance of state matters. Court filings are sensitive and require legal understanding for interpretation.
Measuring Competency and Hiring the Right Professional
The competency of your response to the courts is reliant on who your legal aid is. That professional should be the first to receive your court case. The work of an agent is beneficial, but it's also required by law when doing business in Virginia. You cannot pursue legal matters until you present a registered agent as your counsel.
Your agent should be the first line of communication for all matters with the public court.
The Risk of Not Having a Registered Agent
Failing to comply with state laws results in costly penalties in most cases. You need a competent RA. Their professionalism is of great importance to the government. Operating without legal representation may dissolve your business.
A Look at the Pro Standard for Registered Agents
- Address Confirmation: An appointed RA for a registered business within Virginia must live within the State. This can only be confirmed by an actual, physical address. P.O. boxes are fine, but only if the agent lives where the population does not exceed 2,000 persons.
- Business Hours of Operation: The physical address of a registered office must operate with standard business hours. Assistants or secretaries are eligible to act as the legal presence of your RA. These representatives of the RA qualify for accepting legal correspondence also.
- Legal Standing: The RA must at least be a Virginia Bar qualifier if not living in the State. They are eligible to hold a managerial position within your business.
- In-house Agent: A business can be registered as an agent also. This is true as long as the registered address collates with that of the business office. This business cannot, however, represent its own defense.
Leading members of an LLC, when registered as a business entity, qualify as legal agents. Both in-house and external agents can act in a timely fashion for “service of processing” on your behalf. Here's a better understanding of the two:
- Internal Agent: Internal RAs help to manage costs and to increase the processing speed of documents. An in-house RA only qualifies if the business office is also the mailing address. Any change in address occurs through the business. You'll accept greater risks this way, for subpoenas can easily pass through the hands of office personnel.
- External RA: Businesses owned outside of Virginia need Virginia agents when operating in the State. The inverse is also true. Owning a business in Virginia, when operating in other states, requires Virginia registration. You must manage additional tax laws also.
A qualifying RA protects your business when operating within Virginia state. Finding the right professional begins with a search.
If your business need help finding a registered agent in Virginia, you can post your need on UpCounsel's marketplace. Only the top 5 percent of all major lawyers are qualified for this site. You'll find backgrounds from Harvard and Yale with an average 14 years of legal experience. Now is the time to consider your success. Begin today, and find the lawyer who can do the job.