A commercial registered agent is someone or anything that has submitted a commercial registered agent listing statement with the Secretary of State (or similar state agency) in compliance with state legislation.
In this post, we’ll go over what a commercial registered agent is, how they vary from noncommercial registered agents, and other relevant subjects.
The difference between a commercial and a noncommercial registered agent
A commercial registered agent is someone or anything that has registered with the state by submitting a commercial registered agent listing statement to the Secretary of State in accordance with the Model Registered Agent Act (MoRAA) or a comparable state statute. Registration, among other things, permits the state to restrict the number of corporations that noncommercial registered agents may service.
According to the MoRAA, the listing statement must contain the following information:
Name and entity type of the registered agent
A declaration that the individual or organisation is functioning as a business registered agent.
A physical location in the state where official papers, such as a court summons, may be delivered.
What States Accept Commercial Registered Agents?
Commercial and noncommercial registered agents are distinguished by the MoRAA. The MoRAA has been implemented by eleven states and Washington, D.C., and commercial registered agents are recognised. Among these states are:
Arkansas
The District of Columbia
Idaho
Indiana
Maine
Mississippi
Montana
Nevada
North Dakota (ND)
Dakota State
Utah
Wyoming
Furthermore, Pennsylvania, Washington, Hawaii, Delaware, and California have comparable statutes to the MoRAA. Other states do not need business registered agents to submit registered agent listings.
What Is the Process for Becoming a Commercial Registered Agent?
To become a commercial registered agent in a state that has adopted the MoRAA or a similar statute, file a commercial registered agent listing statement with the Secretary of State (or equivalent government body) in accordance with the laws of that state.
Commercial Registered Agents with Other Names
A registered agent may also be referred to as a resident agent, statutory agent, or agent for service of process, depending on the state.
How to Determine Whether You Have a Commercial Registered Agent
If you’re unsure whether you’re employing a commercial or noncommercial registered agent, contact the Secretary of State (or similar state agency), which may have a list of commercial registered agents available on its website. Alternatively, you might ask the agent directly.
In a state that requires a commercial registered agent, may I be my own registered agent?
If you satisfy the qualifications for a registered agent and complete the necessary papers, you may be your own registered agent in a state that needs a commercial registered agent.
What Should Your Registered Agent Do?
A registered agent may be somebody who:
Is at least 18 years old
Has a physical address in the state where business is done (rather than a P.O. box).
Is accessible throughout regular business hours.
A professional service may also operate as a registered agent provided the firm is permitted to conduct business in the state, has a physical address there, and an authorised person to accept official papers there during regular business hours.
Frequently Asked Questions About Commercial Registered Agents
What is the definition of a business registered agent?
A business registered agent is someone or something that has filed a listing statement with the Secretary of State.
What is the difference between a commercial and a noncommercial registered agent?
Noncommercial registered agents have not submitted a registered agent listing statement, while commercial registered agents have.