How To Get a Registered Agent in Massachusetts
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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.
Every U.S. state, Massachusetts included, requires business owners to elect a registered agent. Without one, the Massachusetts Secretary of the Commonwealth will likely reject the business’s formation documents.
But before you can choose a Massachusetts registered agent for your business, you must know the responsibilities and requirements associated with the role and how a third-party agent can serve you better as a point of contact for legal correspondence.
Key Takeaways
Massachusetts registered agents can be business entities or individuals with a registered office and good standing with the Secretary of the Commonwealth.
Different forms are required to elect a registered agent for an LLC, corporation, nonprofit, and other business structures.
Registered agent and resident agent are interchangeable terms used conversationally and in official documents in Massachusetts.
Protect your privacy, avoid compliance issues, and choose a service trusted by over 300,000 businesses.
What Is a Registered Agent?
A registered agent is a company or individual elected by business owners as a point of contact between their companies, the state, and other third parties. For example, a Massachusetts registered agent can receive service of process notices and other legal documents for a Massachusetts LLC, corporation, nonprofit, and other entities.
Registered agents, or resident agents in some circles, are intermediaries for legal communications. They can accept paperwork on behalf of your business, ensure you stay compliant and keep the certificate of good standing, issue annual report notifications, etc.
Registered Agent Responsibilities
A Massachusetts registered agent fulfills various responsibilities, three of which are crucial:
Maintain a registered office at a physical street address in Massachusetts[1]
List their address and other contact information in the public record
Keep regular business hours from Monday to Friday to receive legal documents
A registered agent has many responsibilities towards the state and their clients, including maintaining an actual address and not a PO Box or mailing service as their registered office.
Choosing Your Massachusetts Registered Agent
Small business owners may choose a business entity or individual as their Massachusetts registered agent. But they must meet specific requirements for the Secretary of State to permit them to do business in the state.
Massachusetts Registered Agent Requirements
The Massachusetts registered agent requirements are standard and in line with other US states. For instance, an individual can’t be a registered agent for a corporation or limited liability company (LLC) unless they are a Massachusetts resident over 18 years old.
A business entity, like a corporation or Massachusetts LLC, can be a registered agent if it has a registered office, a physical presence in the state, and authorization to do business. Both service providers and individuals must list their addresses in the public record and be available during regular business hours.
Interestingly, domestic and foreign business entities can serve as a point of contact for other Massachusetts companies and handle their legal paperwork.
Can I Be My Own Massachusetts Registered Agent?
As a business owner, you can be your own registered agent. The Massachusetts Secretary of the Commonwealth office allows owners and company officers to be designated point of contact for lawsuit notices and state communications.
That is tempting, given the following advantages:
You don’t need to pay for registered agent services
Your legal documents come directly to you
Your communications with the state are streamlined
You have fewer associates to keep track of
But the advantages aren’t always worth the risks:
Your mailing address becomes public, opening the gate to junk mail
You’re required to stick to regular business hours and have less control over your schedule
You might mishandle critical legal documents and miss crucial deadlines
Your time will be taken up by responsibilities that can affect your productivity in other areas
You risk receiving lawsuit notices and other embarrassing paperwork in front of clients, staff, etc.
Benefits of a Third-Party Registered Agent
Serving as your own registered agent is rarely advised. The best way to set up your business in Massachusetts is with a third-party registered agent service. Here are some benefits of having a Massachusetts-registered agent service like Swyft Filings.
Enjoy More Privacy
Imagine trying to land a new client or discuss important matters with partners. Out of the blue, someone walks in and serves you with a lawsuit. Whether your company is at fault won’t matter because your reputation will have already taken a hit.
Avoiding those situations is challenging when acting as your own registered agent. A Massachusetts registered agent service can accept those legal notices on your behalf. If anyone wants to contact you, they will only find the registered agent’s contact information, not yours.
This way, your Massachusetts LLC can maintain its stellar reputation in front of clients. And you don’t have to worry about service of process notifications arriving at the worst moments.
Save Money
Believing that not paying for a third-party service can save your company money is tempting. But consider the costs of using an in-house registered agent. If you or an employee fill this role, it would be a part of a salaried position.
You’d have to figure out other administrative tasks to ensure the position’s profitability. You would also need an office space to list publicly as a registered office.
That means buying or renting office space in Massachusetts, which isn’t cheap. Registered agent service providers offer a more affordable way to get a valid registered office and remain compliant with the Secretary of state.
Operate Your Business From Out-Of-State
The Massachusetts Secretary of State doesn’t require foreign and domestic out-of-state businesses to have a physical presence in the state. But to operate there, they need a registered office.
A third-party registered agent service will allow you to do business in the state without opening a new branch. This is especially useful to e-commerce businesses.
Keep Working on the Business
Business owners understand that their time is better spent working on the business rather than in it. Working on the company helps it grow, meet client demands, and develop better operational processes. However, acting as your own registered agent makes it more likely that you’ll work in the business instead.
A service provider can help you avoid taking on time-consuming tasks. You can focus on crucial business areas, meet with clients, travel for new business opportunities, etc. It’s easier to carry out high-value functions if you have another elected point of contact for legal notices.
Stay On Top of Deadlines
Misplacing an important document is easier than you think. Using a professional registered agent eliminates this risk.
Registered agent service providers can issue same-day mail forwarding for legal documents, set annual report reminders for business filing deadlines, and more. This way, you don’t have to worry about state compliance issues like other Massachusetts business owners.
Relocate More Easily
Moving an office can be a complex process. You have numerous filings to consider and in-state fees to pay. However, that only happens if your office is the same as your registered office.
Having a third-party registered agent means your registered office remains the same even when you move. Therefore, you have fewer dealings with the state and fewer expenses.
Adjust Your Schedule To Your Taste
Another downside of being your own registered agent is getting tied to regular business hours. But you don’t have to use a standard workweek schedule when you have a third-party registered agent.
As long as your elected point of contact keeps regular business hours from Monday to Friday at their registered office, you can set your business’s schedule to your liking.
You can structure your schedule around multiple client or employee time zones, institute a hybrid workplace, travel more, etc.
How To Set up a Massachusetts Registered Agent
Suppose you’re a small business owner trying to launch a company or branch out in Massachusetts. In that case, you must know how to elect a registered agent. It would also help to learn how to change your agent to maintain good standing with the Secretary of State.
Electing a Massachusetts Registered Agent
Massachusetts has slightly different business filing processes for various business entity structures. Fortunately, the main differences relate to specific documents and, on occasion, the state filing fees.
Here’s what you need to file if you don’t want to use an LLC formation service.
Electing a Massachusetts Registered Agent for an LLC
You must select your new registered agent in the Limited Liability Company Certificate of Organization. You’ll need to include the registered agent’s name, address, other contact information, and signature.[2]
You can file this online with an account on the Secretary of the Commonwealth’s website. Alternatively, you can mail it to this address:
McCormack Building, One Ashburton Place 17th Floor
Boston, MA 2108
Electing a Massachusetts Registered Agent for a Corporation
Suppose you want to select an agent for your corporation. In that case, you must do it in the Articles of Incorporation, also known as Articles of Organization. The Commonwealth of Massachusetts asks for the registered agent’s address, the business name, your principal office, etc. A corporation’s board of directors can also appoint a registered agent by vote.[3]
Use an account on the Commonwealth’s website to handle your business formation online. You can also mail the paperwork to this address:
McCormack Building, One Ashburton Place 17th Floor
Boston, MA 2108
Note that nonprofit corporations have a slightly different Articles of Organization form.[4]
Changing a Massachusetts Registered Agent
The easiest way to change your Massachusetts registered agent would be to hire a new service provider to manage the process. However, there are forms you can fill out and file yourself if you want to take matters into your own hands.
Changing a Massachusetts Registered Agent for an LLC
You must download and complete the Limited Liability Company Statement of Change of Resident Agent/Resident Office form. If you mail or fax the paperwork, it costs $25 in state filing fees. Filing electronically is free.[5]
The mailing address is:
McCormack Building, One Ashburton Place 17th Floor
Boston, MA 2108-1512
Changing a Massachusetts Registered Agent for a Domestic Corporation
Corporations must file the Statement of Change of Registered Agent/Registered Office form explicitly drafted for corporations. Online filings using the state’s portal are free, but paper and fax filings cost $25.
The mailing address is:
McCormack Building, One Ashburton Place 17th Floor
Boston, MA 2108-1512
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 Massachusetts registered agent?
State residents over 18 with a physical address as a registered office can serve registered agents. A company’s owners or officers can also take on the role.
Businesses can even elect other business entities that meet the state’s requirements to act as Massachusetts registered agents.
How much does a registered agent in Massachusetts cost?
Prices vary from tens of dollars to hundreds of dollars per year, depending on the service provider. For instance, Swyft Filings only charges $199 per year for fulfilling all the roles and responsibilities of a professional registered agent service in Massachusetts.
How can I change my registered agent in Massachusetts?
You must file the Limited Liability Company Statement of Change of Resident Agent/Resident Office form or the Statement of Change of Registered Agent/Registered Office form for corporations based on your business structure. Alternatively, you can hire a new third-party registered agent service and let them handle the filing.
How can I find a registered agent in Massachusetts?
Reading online reviews, testimonials, and asking for recommendations are great ways to find the best registered agent services for your company. Browsing the state’s business database is another option, although the information might not be current.
What is a Massachusetts registered office?
A registered office is the publicly listed address registered agents use to receive mail on your behalf. It can’t be a PO Box or mailing service and must stay open five business days a week during regular hours.
What’s the difference between a registered agent and a resident agent or statutory agent?
These terms are interchangeable, with registered and resident agents most commonly used. Some states, like Massachusetts, may even use registered and resident agents on official documents, despite referring to the same position.
The term statutory agent is less used conversationally or otherwise.
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
The 193rd General Court of the Commonwealth of Massachusetts. “Section 5.01.” Accessed January 11, 2023.
Secretary of the Commonwealth of Massachusetts. “Limited Liability Company Information.” Accessed January 11, 2023.
The 193rd General Court of the Commonwealth of Massachusetts. “Section 49: Resident agent.” Accessed January 11, 2023.
The Commonwealth of Massachusetts. “Articles of Organization.” Accessed January 11, 2023.
The Commonwealth of Massachusetts. “Limited Liability Company Statement of Change of Resident Agent/Resident Office.” Accessed January 11, 2023.
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