How to Get a Registered Agent in Utah
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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.
Whether you are on a business trip or in a critical meeting, failure to accept government correspondence can have serious consequences. You need to appoint someone to receive your business paperwork, and that someone is your registered agent.
Let’s see what a Utah registered agent does, why it’s required, and how you can designate one for your LLC or corporation.
Key Takeaways
A registered agent receives legal correspondence on behalf of an LLC, corporation, or nonprofit.
Utah registered agents must be adult residents with a physical street address in the state.
The benefits of appointing a third-party registered agent typically outweigh the few advantages of being your own agent.
Protect your privacy, avoid compliance issues, and choose a service trusted by over 300,000 businesses.
What Is a Registered Agent?
A Utah registered agent is a business entity or individual that receives state and legal documents on your behalf. Once they accept the paperwork, they forward it to your organization at your discretion.[1]
Utah requires all business owners to elect a registered agent. Whether you own a limited liability company (LLC) or corporation, your business needs an agent to remain in good standing with the Secretary of State. Failure to appoint this role puts you at risk of harsh penalties and legal consequences.
Some Utah LLC owners designate a member of their team or family as their agent, but professional providers are also available. They have more experience with compliance-related matters and are less likely to make mistakes when handling your paperwork.
Registered Agent Responsibilities
A key responsibility of your Utah registered agent is to accept service of process documents on your behalf. This paperwork is a notification that someone has filed a lawsuit against your business. As a result, a court clerk or other government authority will serve you with a paper known as a summons, often followed by a complaint.
Once your registered agent accepts the document, the court assumes you’ve been made aware of the lawsuit.
Apart from accepting service of process, your registered agent can also receive other critical documents:
Same-day compliance-related mail forwarding and corporate filings
Government correspondence, including tax notifications and biannual or annual report deadlines
Legal notices
Requests, motions, and other litigation documents
Notifications about garnishment proceedings
Even though these legal documents are different, they have one thing in common — each paper contains time-sensitive information. Your registered agent must be available at their business address during regular business hours to receive these documents. They act as the point of contact for the government, allowing them to receive papers and forward them to you on time.
On top of that, they must consent to your request to use their information for the public record. This includes the registered agent’s name and office address.[2]
Choosing Your Utah Registered Agent
Now that you know the importance of appointing a Utah registered agent, let’s examine the requirements for this role and whether you can serve as your own agent.
Utah Registered Agent Requirements
Your Utah registered agent can be a business entity or an individual.
If you designate a company as your registered agent, it can be a domestic or foreign LLC. All foreign entities must be authorized to do business in the state.
If you select an individual as your corporation or LLC registered agent, they must meet the following conditions:
Be an adult over 18 years of age
Have a physical street address in Utah
Be a Utah resident
Keep in mind that you can’t appoint multiple registered agents. Utah only allows you to designate one registered agent when forming your entity. If you fail to do so, your formation documents won’t be accepted.
However, having a registered agent on your Utah business formation documents isn’t enough. You also need to list the agent on your periodic reports. If you change your agent, you must provide the Secretary of State with updated information.
Failure to maintain a registered agent with a registered office can incur state fees. Many other risks can follow if you fail to abide by this requirement:
Lose your good standing with the Utah Secretary of State
Be unable to bring lawsuits in the state, expand into others, or apply for financing
Receive delinquent status, preventing you from accessing LLC legal benefits
Receive default judgments regarding service of process, which can ruin your reputation and cripple your finances
Can I Be My Own Registered Agent in Utah?
You can be your own registered agent by listing your information, including your business name and address, on your formation documents or relevant change form.
There are advantages to being your own registered agent. You can save money by avoiding the additional outsourcing cost and keep all your legal documents to yourself. Additionally, adding the registered agent responsibility to your plate might be convenient if you already stay at your office during regular business hours.
However, the downsides of being your own registered agent can be overwhelming:
Lose your privacy by sharing your personal information on the public record
Handle an additional responsibility, which could lead to a significant strategic mistake
Miss critical deadlines if you’re unavailable when tax reminders and other notifications arrive
Risk incurring fines and state penalties
Benefits of a Third-Party Registered Agent
There’s no need to expose your business to the risks of being a DIY registered agent when a Utah registered agent service provider is readily available. Here’s what these companies bring to the table:
Guaranteed Compliance
Preserving your certificate of good standing with the Utah Secretary of State takes a lot of effort and time. You must fill out confusing and lengthy forms from various sources to keep your information up-to-date. Fortunately, you can avoid the hassle by outsourcing the work to Utah registered agent services.
Our registered agent service can take on the burden of state compliance, allowing you to focus on growing your enterprise. Our experts have vast experience in compliance matters, including state deadlines and regulations, so you can stay compliant without paying hefty fees.
Fewer Distractions
If you designate yourself as your own registered agent, you must be available to accept critical documents from government officials. However, you might miss an urgent notification if you’re busy with other business matters.
This issue does not occur if you work with a registered agent provider. Their primary duty is to accept your correspondence, meaning you will never miss a thing.
Up-to-Date Assurance
Third-party providers often have automated services to update you on state filing deadlines. They will notify you about any changes or delays so you can prepare. This service also removes the need to take time out of your busy day to check in on your state compliance.
Increased Privacy
A professional registered agent service helps you avoid receiving service of process in front of your customers and employees. Instead of lawsuits coming straight to you, government officials mail the correspondence to the registered office address. This adds a much-needed layer of discretion and privacy.
Flexible Changes
The registered agent address on your LLC formation documents must be up-to-date. If you move offices or change agents, you must file a formal change form and pay a state filing fee.
You won’t need to worry about this by designating a third-party registered agent. Whether you move frequently or once, you only need to notify your agent about the address change. They’ll handle the paperwork on your behalf.
No Restrictions
You can't be your company's registered agent if your only address is a private address, P.O. box, or mail forwarding service. This is because registered agents must have a physical address that serves as their registered office.
Hiring a third-party company lets you hold onto your current address while maintaining your privacy. Your registered agent provider will provide a physical office address to use as the registered office.
Expansion Opportunities
You must designate a registered agent in each state you conduct business. If you want to expand your enterprise to conduct business in states other than Utah, you must appoint an agent in each one.
The easiest way to fulfill this requirement is through a registered agent provider. Rather than purchasing office space and electing an agent in each state, your service provider will offer a well-developed network of offices throughout the country. You will be free to expand without facing non-compliance issues.
Easy Document Access
You gain easy access to your essential documents when you work with a third-party registered agent. Instead of worrying about paperwork sitting in a mailbox, your agent will scan the documents and forward them to you, making them easily accessible whenever you need them.
How to Set Up Your Utah Registered Agent
The only way you can reap the benefits of a registered agent service provider is to set up your Utah LLC or corporation agent properly. Here are the steps that business owners need to take to set up a registered agent in Utah.
Electing a Utah Registered Agent
Utah requires you to designate your registered agent on your formation documents when starting your company. We’ll fulfill your registered agent requirements and handle all the paperwork to file for your LLC, corporation, or nonprofit.
Alternatively, you can create an online account on Utah OneStop to appoint your agent. The state fees are $70.[3]
If you wish to elect your registered agent by mail, take the following steps:
Download your Certificate of Incorporation (Organization)[4]
Complete the form
Submit a copy to this address:
Utah Division of Corporations & Commercial Code
P.O. Box 146705
Salt Lake City, UT 84114-6705
Changing a Utah Registered Agent
Business owners change their registered agents for various reasons. Your agent might not perform as expected, or they may want to resign.[5] Whatever the reason, the state lets you change your Utah LLC registered agent by filling out and submitting the appropriate registration information change form.
Here are the forms you can choose from, depending on your business structure:
When changing your agent, you can also update other information, such as your business purpose.[6]
As your new registered agent, we will handle the paperwork and associated state fees for you. Otherwise, you can submit the form online or by mail to one of the following addresses with a $15 state fee.
Regular Mail: Utah Division of Corporations & Commercial Code P.O. Box 146705 Salt Lake City, UT 84114-6705 | Overnight mail: Utah Division of Corporations & Commercial Code 160 East 300 South, 2nd Floor Salt Lake City, UT 84111 |
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 Utah registered agent?
A Utah registered agent can be an adult Utah resident with a physical street address.
How much does a registered agent in Utah cost?
Utah registered agent services generally cost $100-$300 per year.
How can I change my registered agent in Utah?
You must fill out and submit the appropriate change form to the Utah Division of Corporations to change your registered agent.
How can I find a registered agent in Utah?
A quick Google search can help you find a reputable Utah registered agent or third-party service provider. You can also ask for recommendations from local business owners.
What is a Utah registered office?
A Utah registered office is the business address of your registered agent. This address can not be a P.O. box or mail forwarding service.
What’s the difference between a registered agent and a resident agent or statutory agent?
A resident, statutory, and registered agent are three different terms for the same role. Registered agent is the more common term. The term “resident agent” emphasizes that the agent is a Utah resident, while “statutory agent” promotes that the role is state mandated.
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
Utah Commerce. “Division of Corporations and Commercial Code — Commercial Registered Agent.” Accessed December 26, 2022.
Utah State Legislature. “Title 16, Chapter 17, Part 2: Appointment of Registered Agent.” Accessed December 28, 2022.
State of Utah. “Utah OneStop.” Accessed December 28, 2022.
State of Utah - Department of Commerce. “Certificate of Organization.” Accessed December 27, 2022.
Utah State Legislature. “S.B. 39: Business Entity Amendments.” Accessed December 28, 2022.
State of Utah - Department of Commerce. “Limited Liability Company Registration Information Change Form.” Accessed December 28, 2022.
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