It’s mandatory for every Mississippi LLC to appoint and maintain a Mississippi Registered Agent. The state will not issue an LLC’s Certificate of Formation if it doesn’t list a registered agent. Similarly, an LLC must continuously maintain a registered agent or it might get into trouble with the state.
An LLC may designate a person or business entity as its registered agent. The primary role of a registered agent is to receive service of process. This usually involves receiving legal documents like the notice of a lawsuit, subpoenas, summons, etc. For this purpose, the agent must have a physical address where process servers can deliver documents.
Apart from service of process, an LLC’s registered agent may also receive official communication from the state. These include payment reminders, tax notices, and similar documents.
Getting A Better Understanding Of The Mississippi Registered Agent
Legal Requirements To Be A Registered Agent In Mississippi
When appointing a registered agent in Mississippi, an LLC must consider the fitness of the agent for the role. The legal requirements are useful in ensuring proper functioning of the role. Yet they are simple enough to give an LLC immense freedom in choosing their registered agent.
- The registered agent must have a physical address in Mississippi. This is the registered office of the LLC and can’t be a PO Box or similar address.
- If the agent is a person, they should be an adult.
- If the agent is a business entity, they must have permission to do business in the state.
Technically, there are several business entities that can serve as the registered agent. But in most cases, this role is taken by commercial registered agents. These are business entities that work as an LLC’s registered agent for a fee.
Considering the above requirements are fulfilled, you’ll find the LLC has a lot of freedom in appointing its Mississippi registered agent. As an example, you could have the following as your LLC’s registered agents in Mississippi.
- You can be your LLC’s registered agent.
- You can appoint a friend or family member as the registered agent.
- It’s possible to hire a commercial registered agent.
While it may seem simple enough, don’t forget that the agent has a very important role to play. After all, there’s a reason that this is a position mandated by the state.
Service of process is very important. If the agent fails to receive it, or if they fail to notify the LLC about it, a lawsuit can proceed against the LLC without you even knowing about it!
Therefore, it makes sense to consider the responsibilities of the agent and the agent’s capability to fulfill their role.
Responsibilities Of An MS Registered Agent
A registered agent in Mississippi should ensure that the responsibilities of the role are handled well. At the very minimum, the agent should do the following:
- Maintain a registered office where service of process can be delivered. This must be a physical address within the state of Mississippi.
- Be available during normal business hours (9 am to 5 pm).
- Receive service of process and forward it to the LLC immediately.
- If communication is received from the state, the LLC should be informed about it in a timely manner.
These responsibilities are essential factors to consider when you appoint a registered agent. Being your own registered agent or having friends or family take on that role can seem like an attractive option. This option could save you the money that would otherwise be spent on a commercial registered agent.
However, let your decision be guided by practical concerns rather than monetary concerns. An agent that can’t take responsibility for their job can be far more troublesome to handle. It’s also a question of practical considerations.
For individuals, it can be tough to maintain normal business hours. You may be out on vacation or busy somewhere when service of process arrives. This could spell trouble, even if the chances of this happening are very low.
Another point to consider is privacy. The details of a registered agent become part of the public record in Mississippi. If you’re concerned about privacy, this may not be an attractive option. Hiring a commercial agent is useful in these situations. But if you think you can handle the responsibilities of an agent without a problem, go ahead and give it a shot!
Hiring A Commercial Registered Agent
It is common for LLCs to hire a commercial registered agent. Foreign LLCs registering in Mississippi are likely to hire a commercial agent for their services. It’s a fairly popular option with domestic LLCs too. Even if you (or your family/friends) are available for the role, it can be more convenient to hire a professional as the Mississippi registered agent.
There are several commercial registered agents in the state. These can be local as well as national companies. The cost of hiring a commercial agent varies depending on the services offered. There is quite some variance in pricing, but most services are generally covered in the range of $50-$200.
As you hire a commercial registered agent, you should expect professional service and reliability at the minimum. If necessary, check the commercial agent’s reviews to see how well they’re equipped to handle the role. At a minimum, you should expect the agent to be professional and reliable. Some services to expect are:
- Professional service
- Reliability
- Discreet
- Privacy
- Convenient
Also, consider how fast they’ll inform you of the service of process. Many agents offer same day information and uploads. Some even go as far as immediate uploads. Others might wait around and send the information later. It’s always better to go with those that offer quick and professional service.
Mississippi Secretary of State website has plenty of information on commercial registered agents and other LLC-related services on its Business Services section.
Professional service and reliability and key considerations for choosing your Mississippi registered agent. These should always form the bedrock of your decision.