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When registering your LLC or company, provide your registered agent name and address. This person will be the official point of contact for your business and responsible for accepting important business correspondence.
The role of a registered agent is undoubtedly crucial, but there are still many questions about how they apply to one’s business. Model Registered Agents Act (MoRAA) was implemented to simplify the role and clear up any confusion.
Read on as we go into detail about the MoRAA Act, as well as cover tips and strategies to help comply with the requirements of hiring a trusted registered agent for your business.
Why model-registered agent law is so important
The Model Registered Agent Act is an initiative led by the American Bar Association and the International Association of Commercial Administrators (IACA) to standardize rules and regulations regarding the role of a registered agent for U.S. business entities.
But before we go into more detail about MoRAA, let’s understand the role of a registered agent.
Any business entity other than a sole proprietorship – partnership, limited partnership, LLC, companies and cooperatives – has provisions for registered agents in their organic articles of association, no matter where they live.
There are three main purposes of registering an agent:
Receiving litigation To determine the location of any lawsuit To publish notices required by company organic law
Although the agent registration process is largely the same for all devices, the agent registration law can be enforced more effectively, regardless of the type of device. However, if different state laws for business entities have different provisions, it can cause unnecessary administrative headaches and confusion.
Since the same office is responsible for registering all kinds of entities in each state, it makes sense to have a uniform law for each type of entity.
Before MoRAA, each state had its own set of laws and role definitions, resulting in significant variation from one state to another. The law was enacted to reconcile business entity laws regarding annual reports, registered agents, and other laws and forms used to file business entities.
Simply put, the MoRAA helps speed up the administrative efficiency of unitary law in any state. It seeks to adopt best practices for agent registration and expand potential efficiencies — all while eliminating all government discrepancies.
Quick tips for choosing a reliable registered agent
As mentioned, companies must appoint a registered agent to receive legal documents and other official communications on their behalf. And while anyone with an office in the state can receive these deliveries during business hours, a registered agent is much more than a legal formality and has responsibilities that go far beyond accepting your mail.
To ensure you get the best value and protection for your investment, here are some tips for choosing a reliable registered agent:
Hire a professional service
Immediately, a registered agent’s job description seems simple: Receipt of official documentation. This is why business owners often end up recruiting an employee or officer to act as a registered agent as opposed to hiring a professionally registered agent. Others decide to take responsibility for themselves.
Unfortunately, this tactic does not always work well.
If you or the person you choose to serve as your registered agent is not available for any reason, you may be held legally responsible for when the state attempts to deliver. Even worse, if the notice relates to a lawsuit, you can by default get a verdict against you – even before you are aware of the lawsuit.
With this in mind, it is best to hire a professional company that offers registered agent services. You do not have to worry about submitting an update to the state every time your contact information or office space changes. Instead, you always get timely updates regarding critical correspondence.
Incfile is one of the most reputable companies in the market that has helped form over 500,000 companies. It provides various business formation services targeted at small business owners plus registered agent services in all 50 states. In addition, you do not have to pay for your registered agent during the first year.
In addition to this, you also get free advice on corporate tax, next business day processing, online access to all documents and lifetime business alerts and customer support.
Prioritize value over price
While you should definitely consider your budget when choosing a registered agent, do not just go ahead and choose the cheapest option. Instead, go beyond the price.
Look for a registered agent who can ensure foolproof and instant delivery of documents. They should also provide customizable electronic notifications to keep you updated on all procedures. Access to compliance tools to effortlessly navigate your government requirements can also be convenient.
Let us explain this with an example. Your authority to operate in your state is dependent on submitting annual reports on time, so your registered agent must notify you in advance of deadlines and other information to ensure that you submit the documents on time and in the correct manner. Otherwise you risk losing your good status with the Foreign Minister.
To repeat, prioritize choosing a registered agent who will give you reminders of annual reports, accurate and clear government forms and filing instructions, and the necessary software tools – even if it costs you a little more.
Choose a nationwide provider
Registered agents are state-specific agreements. This means that you must use a registered agent with an address in each state that you expand to meet the state requirements.
If you hire different registered agents in different states, you will find yourself dealing with lots of extra paperwork – something that will also exacerbate the risk of renewal or other documents falling through the cracks.
On the other hand, it allows you to operate through a single provider by choosing a nationwide registered agent service. As a result, you can meet the requirements of each state and submit the necessary documentation without stress.
All good nationwide providers support your organization as it grows and help you save time, become more efficient and give you greater peace of mind. It is certainly a better bid than having to deal with individual agents.
Long-term strategies to ensure compliance with the Model Registered Agent Act
In this section, we outline a few strategies you can follow to comply with Model Registered Agents Act and improve your experience with Registered Agents. Here’s what you need to know:
Understand the commercial versus non-commercial registered agent categories
MoRAA categorizes registered agents into two different categories: commercially registered agents and non-commercially registered agents. Although there are no significant differences between the two in terms of their roles, functions and responsibilities, they vary in the eyes of the MoRAA in terms of where they operate.
A commercially registered agent often retains physical addresses in several states as they work with hundreds – or even thousands – of business units. They submit a special listing statement containing their company name, unit type and address to which process service is to be sent, with the governmental body responsible for business registrations and compliance. A non-commercial registered agent is an individual or small business that works with only one or a select few states. These persons or entities do not submit a declaration of listing to the Minister of Foreign Affairs, in which they serve customers and represent only a small number of companies. It is also likely that non-commercial registered agents do not want additional benefits typically attributed to commercially registered agents.
Although the law has made it mandatory for companies to make a registered agent available for process processing when the company completes applications, it depends on whether it is a commercially registered agent or a non-commercial registered agent.
When appointing commercially registered agents, you do not have to provide an address in some states. However, it is always required by non-commercial agents.
If you list yourself as a registered agent for your small business, you fall into the category of non-commercial. Similarly, any small registered agent in your home state that only provides services to companies in the specific jurisdiction will also fall into the category of non-commercial.
Any other registered agent is designated as commercial under the MoRAA.
Know if MoRAA is valid in your state
Despite how MoRAA can create uniform laws and streamline processes for the role of a registered agent, not all U.S. states have adopted it.
Currently, only 12 US states have fully adopted the Model Registered Agent Act:
Arkansas District of ColumbiaIdahoIndianaMaineMontanaMississippiNevadaNorth DakotaSouth DakotaUtahWyoming
That said, a few states have adopted specific aspects of the MoRAA, while some have created similar provisions.
For example, Pennsylvania requires state agency providers to designate a physical address in the state despite the state not having a specific designation for commercially registered agents. However, individuals can register with the Pennsylvania Department of State as a Commercial Registered Office Provider (CROP).
Other states under this category include:
Cross-check the state’s rules for registered agents, as the number of states that recognize MoRAA may change in the future. Confirm the different forms, terminology, registration requirements and other variations from state to state to avoid making mistakes.
Again, hiring a professional service can give you access to experienced attorneys who can help you navigate state law better and keep you updated on any changes to the MoRAA law.
Do not be your own registered agent
Becoming your own registered agent is a big responsibility. You must be available during normal business hours to receive government correspondence and service processes. This means no impromptu leaves from the office or immediate vacation plans.
If you are not available at 15.00 on a random Wednesday or Friday to receive the service of the process, you can end up in big trouble. In addition, will you really receive a legal notice informing you that someone has sued your company in front of your employees and customers? Exactly.
Not only does hiring registered agent services save a lot of your time and protect you from being penalized, but they will also give you greater peace of mind while being easy on the pocket. As mentioned, you will find many business formation services that offer free registered affiliate services.
Now that you are familiar with the law of model registered agents, the next step is to start looking for a registered agent and get your business registered.
To help you find the best agents, we have compiled a list of the best legal online services that not only offer registered agency services for free for a full year, but they also help you register your business and provide reliable legal advice. who needed.
We hope this article helps you expand your understanding of MoRAA and hire a trusted registered agent to help you with your business. Good luck with your business!