The bottom line is that every business must have one. When you form an entity like an LLC or a corporation in any state, you’re required to appoint a registered agent for service of process. This is the person who is authorized to accept service of process if there is a lawsuit or official notices from the state. The role is sometimes referred to as a statutory agent, resident agent, or corporate service of process agent.

Most states will not allow you to form an entity without making such a designation.

Mainly due to privacy: The address of the registered agent is public information and easily findable for people curious about your business. If you run a business out of your home, then you may not want to publish your home address to the world. Most states allow you to list the business address with a P.O. Box, but won’t let you do the same for a registered agent. With Swyft Filings, you can list one of our many commercial addresses.

The most common way lawsuits are served on businesses is through the registered agent. If you list yourself, an officer could show up at your office or home and serve you in front of your family, friends, or clients. By listing us, we get served and then discretely notify you of any lawsuits.

We offer reliable service. Our registered agent offices are located in commercial spaces and staffed during regular business hours. That means someone will be available to receive and process your documents upon arrival. You don’t have to worry that they are sitting in a mailbox or that a certified letter is delayed because no one actually occupies the office or home addresses other services may use.

We’ll send you updates. We keep you posted on when you need to make your filings with your state. In addition to notifying you of official notices from the state, our automated system also sends you a heads up, so you are not caught by surprise and are also aware of any governmental delays.

We provide immediate, secure access to important documents. With our strategic partners, we provide immediate access to your scanned documents. This helps make sure no time is lost through mail delivery or snafus, so you can respond if a crisis like a lawsuit hits you.

Our customer service is exceptional. We provide customer service the way you want it, whether that’s via email or the phone. We live to make your business life easier any way we can.

All New Entity Formations
If you are doing business, you should set up a corporation, limited liability company (LLC), or another corporate entity rather than simply being what is referred to as a “sole proprietor.” Forming the corporate entity usually shields you from personal liability should something go wrong with your company. This protects your personal assets like your home or car and only puts at risk the assets of your company.

Each corporate entity must have a registered agent pursuant to most states’ laws.

Foreign Qualification Businesses
“Foreign qualification” does not mean qualifying to do business outside of the United States of America. Foreign, in this context, refers to another state within the United States, other than the one where you formed your company.

If you are already doing business in your home state, but want to do business in another state, or hire employees in another state, you may need to “foreign qualify.” Also, if you formed a company in the popular states of Delaware, Nevada, or Wyoming, but are based in another state, you will likely have to foreign qualify in your state of operation.

Foreign qualification is registering to do business in that state. When you do that, you will have to appoint a registered agent with a physical address within that state.

Do I have to foreign qualify? To answer that question, you need to ask yourself a few questions:

1. Are your operations primarily in a state other than the one where you originally formed?
2. Do you have a physical presence in another state like leased space or owned property?
3. Do you have employees in another state?
4. Do you do business such as take orders or earn revenues from another state?
5. Do you have a bank account in another state?

If you answered any of these with a “yes,” you may need to foreign qualify. You can call our business professionals if you have questions or ask your accounting or legal professional.

So what happens if you don’t foreign qualify but should have?

Yes, it does cost money to foreign qualify, but it can cost you much more if you try to get away with not doing it when you should have. Many state laws require it and will charge you a penalty on top of “making up” for the past due fees. You may also not be able to adequately pursue or defend a lawsuit in courts of the states where you are transacting business without registering and foreign qualifying.

An alternative to foreign qualifying is to incorporate your business or form your LLC in the other state(s) in which you plan to do business. The primary difference is that when you incorporate or form your LLC in multiple states, your company becomes domestic in each of those states, thereby creating separate entities. By foreign qualifying, you don’t have to form a new corporate entity for each state in which you operate. This avoid the unnecessary costs and administrative headaches.

Swyft Filings helps businesses that need foreign qualification. Learn more here.

If you’re looking to switch professional providers for your registered agent needs, or if you’re simply tired of being your own registered agent, Swyft Filings can help you transition seamlessly. Learn more about the process for changing registered agents here.