Missouri requires a registered agent for any domestic limited liability company (LLC) or other corporations. The same applies to any foreign LLC or corporation that operates in the state.
This agent receives correspondence and notices from the Missouri Secretary of State and legal documents. Such documents may include any service of process notices related to lawsuits involving your company.
This guide explores the role of a Missouri registered agent, the benefits of having one, and what you must do when selecting your agent.
Key Takeaways
All Missouri LLCs, corporations, and nonprofit organizations need a registered agent to operate legally.
Missouri law allows both individuals and corporations to serve as registered agents.
Third-party registered agent services give Missouri business owners enhanced privacy while making it easier to focus on their business.
What Is a Registered Agent?
The Revisor of Missouri website clearly states that any business operating in Missouri must have a registered agent.[1] This registered agent can be an individual, Missouri LLC, or other business entity that operates in the state.
A registered agent ensures your business stays in good standing with the Missouri Secretary of State. The agent is also vital in organizing and forwarding legal documents to business owners. A small business may benefit from electing itself as a registered agent. However, many companies choose a third party to handle the agent’s responsibilities.
Registered Agent Responsibilities
A registered agent is responsible for receiving, processing, and forwarding important documents to the organization it represents. Beyond these primary duties, registered agents must take steps to ensure they can operate effectively in the role.
These steps include the following:
Maintaining a physical business address
Registering their business address with the Missouri Secretary of State to place it on the public record
Operating during regular business hours to ensure the agent is available to receive notices and documents
Receiving and processing legal documents, annual reports, and critical corporate filings on behalf of the business
Choosing Your Missouri Registered Agent
Selecting a registered agent means finding somebody who consents to take the role and meets Missouri’s registered agent requirements.
Missouri Registered Agent Requirements
An individual or business entity must meet several requirements to serve as a registered agent for a Missouri business. These are outlined below.
1. Have a Physical Address
The agent must have a physical address in the state that can serve as a registered office. In Missouri, this address can be a business o
r home. However, it can’t be a P.O. box, mailing service, or virtual office.
2. Accept Service of Process
An LLC registered agent must accept the service of process documents on behalf of the business to which it’s appointed. The agent must also forward the relevant documents to the business owner.
3. Receive Official Notices
The Missouri Secretary of State regularly sends notices related to everything from a company’s formation documents to tax notifications and annual report reminders. A registered agent must be able to receive an
d forward these documents.
4. Be Available
A Missouri registered agent must maintain regular office hours. These hours are usually somewhere between 8 am to 5 pm on weekdays.
5. Consent to Serve
A registered agent must consent to serve as an agent on behalf of your corporation or limited liability company. Furthermore, they must be at least 18 years old before providing this consent and being a Missouri resident. Your company must also pay state fees for the formation documents you submit when naming the registered agent.
If you don’t have a registered agent, your business will not be in good standing with the state of Missouri. Penalties include being unable to file lawsuits or transact business in the state. Foreign entities that fail to designate a registe
red agent must also pay a fine of at least $1,000.
Can I Be My Own Registered Agent in Missouri?
Missouri allows a business to serve as its own registered agent. While this may seem attractive, there are pros and cons to consider before acting as your registered agent.
Pros:
Save money on the cost of hiring a third-party agent
Receive all legal documents and notifications directly without intermediaries
Maintain complete control over your registered agent’s status
Cons:
Maintaining normal business hours
Putting your company’s office address in the public record
Splitting time between work and the duties of a registered agent
Receiving legal documents at inopportune times
Misplacing essential notifications in the sheer volume of papers you receive
Benefits of a Third-Party Registered Agent
Despite the monetary savings of serving as their own agent, many business owners opt to use a third-party Missouri registered agent service.
Swyft Filings offers registered agent services in Missouri. If you work with us, we ensure your company enjoys the following benefits of having a third-party registered agent.
1. Maintain Good Standing
As mentioned, failing to assign a registered agent means your business isn’t in good standing with the Missouri Secretary of State. However, other circumstances may cause an otherwise compliant company to fall out of good standing.
For example, your company may move to new offices in the state. While that’s fine, you may forget to set that new office as your registered address. Thus, you fall out of good standing because you don’t have a compliant physical address.
Working with a third-party agent allows you to avoid such issues. A registered agent service usually maintains a stable office address for many years. Even if the service changes its address, it will automatically file the relevant forms to inform the Missouri Secretary of State.
2. Have a Point of Contact
Business owners often receive an overwhelming amount of mail. This volume can make it challenging to determine which mail needs addressing and which can go in the trash.
Furthermore, many new business owners may need more expertise to identify essential documents. The result may be that legal documents and notifications get overlooked, which creates compliance issues.
The best Missouri registered agent services act as their clients’ contact points. In addition to processing documents, they offer advice on filing deadlines and similar issues. As such, you can access a wealth of expertise and a document processing service.
This expertise often proves invaluable during tax season or when dealing with compliance concerns.
3. Improve Privacy
Think of a registered agent service as a barrier between your company and the outside world. Documents only breach this barrier if you need to see them. Furthermore, you receive the documents at a time convenient to your business.
You don’t have this barrier when serving as your own registered agent. As a result, potentially embarrassing documents may come to your business at inopportune times.
Imagine receiving a service of process when you’re in a meeting with a partner or client. The lack of privacy you receive when acting as your own agent reveals that your business is subject to a lawsuit. As a result, you may lose the partner or client.
4. Use Flexible Business Hours
Many businesses don’t operate during regular business hours.
For example, many restaurants operate an afternoon service before opening in the evening. Bars and nightclubs are often closed during the day. Plus, those who work for themselves may prefer to set their own hours rather than meet the standards required of a registered agent.
Working with a third-party service lets you control how and when your business opens. You don’t have to worry about failing to receive important documents because your registered agent maintains regular business hours on your behalf.
5. Maintain a Cohesive Workplace
The privacy issues mentioned above don’t only affect your relationships with partners and clients. They can also lead to the sowing of discord in your office.
Let’s revisit the service of process example. You may receive this document in a crowded office full of team members. Furthermore, service of process documents are typically delivered by law enforcement officials.
Consider the ramifications of these documents arriving in front of your team.
Gossip and rumors may spread around the office as employees try to understand what they’ve just seen. Productivity could decrease, especially if team members worry more about a lawsuit and less about their work.
A Missouri registered agent service isn’t solely a buffer between your business and other entities. It can also serve as a buffer between business owners and their teams. This buffer allows the owner to deal with complex legal matters without involving employees who don’t need to know about those matters.
How to Set Up Your Missouri Registered Agent
Business owners’ process for setting up a Missouri registered agent varies depending on the business type. For instance, a Missouri LLC follows different procedures than a corporation. Here, we examine how to set up a registered agent and elect a new one.
Electing a Missouri Registered Agent
Many basic steps in electing a new Missouri registered agent are common regardless of business type. These steps include:
Completing a form when creating your business
Entering the contact details of a registered agent on that form
Filing the form online, via mail, or in person, along with state fees
No matter your business type, you must deliver your documentation to the following address when filing in person or via mail:
State of Missouri Secretary of State
Corporations Division
P.O. Box 778
Jefferson City, MO 65102
If you file online, you can use Missouri’s Business Registration Online Portal.[2] Create an online account and submit the relevant formation documents to assign a registered agent.
Electing a Registered Agent for a Missouri LLC
To elect a registered agent for an LLC, you must complete Article 3 of the LLC Articles of Organization form.[3] The form requests the agent’s name and address.
Filing fees vary depending on the corporation’s size. You pay $50 in fees for the first $30,000 of authorized shares. The state then levies fees of $5 for every additional $10,000 of shares beyond the initial $30,000. These fees stay consistent whether you file online or off.
Electing a Registered Agent for a Missouri Corporation
Missouri corporations must complete Article 2 of the Corporation Articles of Incorporation form.[4] Again, the form requests the agent’s name and address.
Filing fees vary depending on the corporation’s size. You pay $50 in fees for the first $30,000 of authorized shares. The state then levies fees of $5 for every additional $10,000 of shares beyond the initial $30,000. These fees stay consistent whether you file online or off.
Electing a Registered Agent for a Missouri Nonprofit
If you’re setting up a nonprofit organization, you must elect your registered agent using Article 4 of the Nonprofit Articles of Incorporation form.[5]
Filing fees are $25, regardless of the nonprofit’s size or your filing method.
Changing a Missouri Registered Agent
Your business may need to elect a new registered agent for a few reasons. You may feel unsatisfied with the current service provider’s work and wish to try a new provider. Alternatively, your agent may move out of Missouri, necessitating the election of a new Missouri registered agent.
The good news is that the process for electing a new agent is the same for a Missouri LLC, corporation, or nonprofit. You must complete the Statement of Change of Registered Agent or Registered Office form.[6]
You can complete this form online or physically. Either way, you pay state fees of $10 when submitting it.
FAQs
Who can be a Missouri registered agent?
Individuals over 18 and any business entity can be a Missouri registered agent if they meet the state’s requirement for a physical street address.
How much does a registered agent in Missouri cost?
The cost of a registered agent service varies depending on the extent of the service provided. Prices typically fall within the $100 to $300 range.
How can I change my registered agent in Missouri?
You must complete and file the Statement of Change of Registered Agent or Registered Office form to change a registered agent in Missouri.[6] Filing fees of $100 apply.
How can I find a registered agent in Missouri?
The Missouri Secretary of State’s website maintains a database of business entities.[7] You can often find a registered agent using this database by modifying the search to “registered agents.”
What is a Missouri registered office?
A Missouri registered office is the physical address of a registered agent.
What’s the difference between a registered agent and a resident agent or statutory agent?
In most cases, there isn’t a difference between the terms registered agent, resident agent, and statutory agent. They’re commonly used as synonyms. However, a resident agent can also refer to someone authorized to act on behalf of a property despite not owning that property.
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
Revisor of Missouri. “Title XXIII Corporations, Associations, and Partnerships - Chapter 351.370. Registered Office and Registered Agent.” Accessed December 20, 2022.
Missouri Secretary of State. “Business Registration Online Portal.” Accessed December 20, 2022.
Missouri Secretary of State. “LLC Articles of Organization.” Accessed December 20, 2022.
Missouri Secretary of State. “Corporation Articles of Incorporation.” Accessed December 20, 2022.
Missouri Secretary of State. “Articles of Incorporation of a Nonprofit Corporation.” Accessed December 20, 2022.
Missouri Secretary of State. “Statement of Change of Registered Agent and/or Registered Office.” Accessed December 20, 2022.
Missouri Secretary of State. “Business Entity Search.” Accessed December 20, 2022.
