How to Get a Registered Agent in Florida
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Swyft Filings is committed to providing accurate, reliable information to help you make informed decisions for your business. That's why our content is written and edited by professional editors, writers, and subject matter experts. Learn more about how Swyft Filings works, our editorial team and standards, what our customers think of us, and more on our trust page.
Your company may receive much legal correspondence and similarly essential documents each year. But these documents can often get overlooked or lost when they arrive at your business address.
With a registered agent, your business has somebody who can receive, accept, and forward essential documents to your business.
In this guide, we dig deeper into the roles and responsibilities of a Florida registered agent for LLCs, corporations, and nonprofits. We also discuss whether your business should act as its own agent or use a third party and what you must do to register your agent.
Key Takeaways
Any corporation or LLC organized in Florida must have a registered agent to stay compliant with the state.
A registered agent must be 18 or older, have a physical address, and be available during regular business hours.
Florida registered agent services offer privacy, flexibility, and time-saving benefits.
Protect your privacy, avoid compliance issues, and choose a service trusted by over 300,000 businesses.
What Is a Registered Agent?
A Florida registered agent is an individual or entity your business designates to receive important legal documents. These documents may range from subpoenas and lawsuits to communication from the Florida Secretary of State. The registered agent works alongside a company’s business owners to ensure their Florida LLC or corporation remains in good standing.
Any corporation or limited liability company (LLC) organized in Florida must have a registered agent who works from a registered office. The same goes for companies organized outside of Florida that operate within the state. Any entity that owns real estate or has a mortgage on real estate in the state must also have a Florida registered agent.
Registered Agent Responsibilities
A Florida registered agent has several key responsibilities. They must:
Receive official papers and legal documents on behalf of the business
Maintain a business address in Florida
Be available to receive correspondence during regular business hours
Update the business entity and forward papers where applicable
Furthermore, a Florida registered agent’s address must be on the public record. This ensures that anybody can access the address to mail correspondence to the business’s agent.
Unfortunately, having an address on the public record comes with some complications. Marketers and solicitors can obtain that address, leading to your business receiving unimportant mail. This issue means your agent is responsible for sorting through mail and separating critical documents from unimportant ones.
Finally, some Florida registered agents offer help with preparing and filing documents. They may also help your business by sending reminders. However, these aren’t standard services.
Choosing Your Florida Registered Agent
You have several options when choosing a Florida registered agent, including acting as your own agent and hiring a third party. Before making your choice, you must understand the requirements an agent has to meet to operate legally.
Florida Registered Agent Requirements
No special certifications are required for somebody to act as a registered agent. They must fulfill the following criteria:
Be 18 or over
Have a physical address in Florida that they’re willing to use as a registered office
Be available during Florida business hours, which are typically between 8 am and 5 pm
Beyond these basic requirements, your company must state who’ll act as your registered agent in its formation documents.
The failure to assign a registered agent comes with some heavy penalties. Your company will face state fees totaling $1,000 for each day that it doesn’t comply with this requirement. Failure to do so may also lead to your business falling out of good standing with the state.
Any judgment or order of payment issued concerning these fees serves as a judgment lien against any real property the corporation owns.
Can I Be My Own Registered Agent in Florida?
A business entity can’t serve as its own registered agent. In other words, you can’t name your limited liability company as the registered agent of the company itself. However, any individual associated with that business can serve as an agent. As such, you may name a business owner, employee, or principal to fulfill the role.
The registered agent you choose must have a physical office address on the public record. That address must stay open during regular business hours to ensure it can receive correspondence at appropriate times.
While there are benefits, being your own registered agent also has several significant drawbacks.
Pros | Cons |
• Save money on the cost of a third-party registered agent, which can be between $50 and $500 per year | • Must be available during regular business hours, meaning you might not be able to take vacations |
• Be the only one to see any confidential paperwork relating to your business | • Must make your registered address public information |
• Keep the process reasonably straightforward | • Must report any address changes to the Florida Secretary of State |
• Must perform a time-consuming role, which may distract from business-critical activities |
Benefits of a Third-Party Registered Agent
Business owners may look at the drawbacks of being their own registered agent and decide it isn’t the right choice for them. An in-house agent can cause privacy issues and force employees away from essential tasks. Thankfully, a Florida registered agent service, such as ours, can help your company stay in good standing and take the work off your plate.
There are many benefits to working with a third-party Florida registered agent service.
1. Protect Your Privacy
One of the critical challenges of serving as your own registered agent is that important documents can arrive at any time. Imagine you’re negotiating with a partner or client when a subpoena comes. That’s an embarrassing situation that might occur if you serve as your own agent.
A third-party service acts as a barrier between your business and its correspondence. Your agent will receive documents on your behalf and act as a point of contact regarding what you need to do with those documents. You benefit from more privacy thanks to this barrier.
2. Have Flexible Business Hours
Many business owners don’t maintain regular business hours. For example, a restaurant owner may operate predominantly during the evening. But these opening hours might also make them unavailable to receive important documents.
Having a third-party act as your Florida registered agent solves this problem by ensuring you don’t miss vital communications. The agent can stay open during regular business hours so your business can continue to operate as it already does.
3. Incorporate in Another State
Suppose you have a company that serves customers in several states. In that case, you may want to place your main business headquarters in a state other than Florida.
In this situation, a third-party registered agent’s address can act as the physical address that Florida law states you must maintain. Your company can operate in a different state while still providing goods and services to Floridian customers.
4. Avoid Non-Compliance
It can be risky to assign in-house personnel to the role of a registered agent. Your employee may have other duties they must focus on, meaning that receiving mail splits their focus. This can result in the employee overlooking important documents, placing your business in line for paying state penalty fees.
The best Florida registered agents allow you to avoid these compliance issues. You benefit from working with an entity with a complete focus on the task and a wealth of compliance knowledge.
5. Spend More Time on Your Business
Dealing with legal documents and compliance issues takes a significant amount of time, which means less time you can spend building your company.
A third-party registered agent handles the hard work on your behalf. Some even help you to complete and file required compliance forms.
How to Set Up Your Florida Registered Agent
You need to complete several forms to set up a Florida registered agent. Because of this, new entrepreneurs and business owners must understand the processes.
There is a separate process to complete if you’re an existing Florida LLC or corporation looking to change its registered agent.
Electing a Florida Registered Agent
The process for electing a registered agent varies slightly depending on if you’re creating an LLC, corporation, or nonprofit. In all cases, you must pay state fees and fill out specific forms, which you can submit via mail or online.
Use the following address when submitting forms by mail:
New Filing Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
If you choose to file online, you must do so via the Florida Sunbiz website.[1] The website doesn’t require you to create an account before filing. You can also use this website to correct your articles of incorporation, should you need to do so.
Electing a Florida Registered Agent as an LLC
To elect a registered agent for an LLC, you must complete Florida’s Articles of Organization form.[2] This is a crucial formation document that all LLC business entities complete. Use Article 3 of the form to enter the name, address, and other essential details related to your agent.
Your agent must sign the copy of the form you send to the Florida Division of Corporations. If you’re submitting your form online, your registered agent must type their name into the signature field. State fees for submitting an Articles of Organization form are currently $125.
Electing a Florida Registered Agent as a Corporation
If you’re registering your business as a for-profit corporation, you must complete the Articles of Incorporation form.[3] Your registered agent’s details go into Article VI of this form.
The total cost for submission is $70, which includes a $35 fee for designating a registered agent. Your agent must sign any physical copies of the form or type their name if you submit it online.
Electing a Florida Registered Agent for a Nonprofit
Nonprofit organizations should complete the Articles of Incorporation (Not for Profit) form.[4] Enter your registered agent’s details into Article VI of this form and send it via mail or online with state fees totaling $70.
Again, your agent must sign a physical form or type their name online to grant consent to act as your registered agent.
Changing a Florida Registered Agent
Depending on your business structure, there are two possible forms to change your Florida registered agent.
A Florida LLC must complete a Statement of Change (LLC) form, which it can submit online or via mail to:[5]
Registration Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
Both for-profit and nonprofit corporations must complete the Statement of Change (Corporation and Nonprofit) form.[6] Again, you can submit this form online or mail it to:
Amendment Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
State fees vary depending on the form you submit. Changing a Florida registered agent costs $25 for an LLC and $35 if you have a for-profit or nonprofit corporation.
Avoid Penalties: Every business is legally required to have a registered agent in any state where it operates.
Prioritize Your Privacy: We go on record with the government so you don’t have to, meaning any legal actions come to us, not your home or office.
Stay Flexible: We are always available at a physical address during business hours, so you’ll never miss an official notice.
FAQs
Who can be a Florida registered agent?
Any Florida resident who is over 18 and has a street address can serve as a Florida registered agent. Note that the agent’s address becomes part of the public record when they consent to act on your company’s behalf.
How much does a registered agent in Florida cost?
Prices for a registered agent in Florida vary from $50 for basic services to $500 for additional services.
How can I change my registered agent in Florida?
You must complete either the Statement of Change (LLC) form or the Statement of Change (Corporation and Nonprofit) form to change your registered agent in Florida.[5,6] The form you complete depends on your company structure.
How can I find a registered agent in Florida?
A simple online search can help you to find a registered agent in Florida. Alternatively, you can find a registered agent via the Division of Corporations website.[7]
What is a Florida registered office?
A Florida registered office is the address of your LLC registered agent. This address must be a street address, meaning you can’t assign a P.O. Box as a registered office. You also may not use your business address as a registered office.
What’s the difference between a registered agent and a resident or statutory agent?
Both resident agent and statutory agent are common synonyms for registered agent. However, resident agent can also refer to an individual who doesn’t own a property but is authorized to act on the owner’s behalf.
What is a registered agent service?
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
Bibliography
Florida Department of State Division of Corporations. “Articles of Organization for Florida Limited Liability Company.” Accessed November 30, 2022.
Florida Department of State Division of Corporations. “Forms and Instructions to Form a Limited Liability Company.” Accessed November 30, 2022.
Florida Department of State Division of Corporations. “Instructions for a Profit Corporation.” Accessed November 30, 2022.
Florida Department of State Division of Corporations. “Articles of Incorporation for Florida Non-Profit Corporation.” Accessed November 30, 2022.
Florida Department of State Division of Corporations. “Statement of Change of Registered Office or Registered Agent or Both for Limited Liability Company.” Accessed November 30, 2022.
Florida Department of State Division of Corporations. “Statement of Change of Registered Office or Registered Agent or Both for Corporations.” Accessed November 30, 2022.
Florida Department of State Division of Corporations. “Officer/Registered Agent Name List.” Accessed November 30, 2022.
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