What Is a Registered Agent?
A registered agent in Georgia is a third-party person or business designated by a corporation or LLC to receive legal and official correspondence on behalf of the company. These correspondences include:
- Service of process
- State paperwork
- Tax information
- Court summons
Registered agents serve as the designated official point of contact for your business. The registered agent must reside in the state where the corporation or LLC is located or doing business and must have a physical address (not a P.O. Box) in that state. They can be a member of your company or a third party such as a law firm.
Who Needs a Registered Agent?
A registered agent is required for any business that wants to incorporate or become a limited liability company. Your company will need a registered agent for each state where the company is registered and conducts business.
- You may designate yourself as the registered agent, but only in the state you reside in and have a physical address.
- For other states, you must appoint a registered agent in that state.
Registered Agent Address vs. Business Address
A registered agent’s address is not the same as a company’s address. Your business must also have its own address, which can be:
- A physical location
- A P.O. box
- A virtual mailbox
If you need a company address or want to enhance your privacy, consider using a Virtual Mailbox Service.
Privacy Considerations
You may choose to use a third-party registered agent if privacy is a concern. Since registered agent information is made publicly available, designating yourself means your name will be directly associated with the business.
Choosing a third-party agent allows you to keep your name and personal information off public business records.
Benefits of a Third-Party Registered Agent
All legal documents and state correspondence will be delivered to the third-party registered agent, so:
- You avoid being served with uncomfortable legal documents in front of clients or business partners.
- You won’t have to worry about missing important documents or deliveries.
Using a third-party registered agent provides peace of mind and reinforces your company’s image as a responsible and established entity. It also saves you the trouble of updating state records if you change your business address.
Legal and Practical Considerations
Your registered agent must:
- Exist in the appropriate state
- Have a stable physical address in that state
- Be a responsible and diligent party
Negligence by a registered agent can harm your company, especially if they:
- Fail to deliver legal notices on time
- Cause you to miss deadlines or court dates, potentially resulting in default judgments
Availability Is Key
A registered agent must be available during all business hours. An agent who is often unavailable or on vacation can hinder the timely delivery of crucial documents or fail to receive documents that require a signature.
Choose a registered agent who is consistently reliable and present.
Frequently Asked Questions
Do I need a registered agent for my business in Georgia?
Yes, if you are forming an LLC or corporation in Georgia, a registered agent is required. This individual or entity is responsible for receiving legal documents on behalf of your business and must have a physical address in Georgia.
Can I be my own registered agent in Atlanta?
Yes, you can act as your own registered agent in Atlanta if you live in Georgia and have a physical address (not a P.O. Box). However, for privacy and availability reasons, many business owners choose to hire a third-party agent.
What happens if I don’t maintain a registered agent?
If your business doesn’t have an active registered agent, it could fall out of good standing with the state, potentially resulting in fines, penalties, or administrative dissolution. You may also miss important legal notices or court documents.
How is a registered agent’s address different from my business address?
A registered agent’s address is used strictly for official government and legal correspondence. Your business address, on the other hand, is used for your company’s operational matters and can be a physical office, P.O. box, or virtual mailbox.
Why should I hire a third-party registered agent in Atlanta?
Hiring a third-party agent offers increased privacy, ensures consistent availability during business hours, and protects your business image by handling sensitive legal deliveries discreetly. It also simplifies compliance if you relocate your business address.