A Nevada Registered Agent is a person or business entity that receives service of process on behalf of a Nevada LLC. The state requires that every LLC in Nevada appoint and maintain a registered agent at all times.
Service of process (notice of a lawsuit, summons, subpoenas, etc.) is delivered to the LLC’s registered agent. For this purpose, Nevada also requires the agent to maintain a physical street address where certified documents can be delivered.
Apart from service of process, a Nevada LLC registered agent may also receive official communication from the state. This includes tax notices, payment reminders, and similar correspondence.
Nevada Registered Agent Requirements And Role
When an LLC appoints a Nevada Registered Agent, it should consider if the agent meets the criteria set for their qualification. These are simple requirements that shouldn’t be a problem to handle.
- A registered agent must maintain a physical address in Nevada. This is the registered office of the LLC where service of process is delivered. This address cannot be a PO Box or similar service.
- If the agent is a person, he or she must be an adult.
- If the agent is a business entity, they must be allowed to do business in Nevada.
- An agent that represents 10 or more business entities in Nevada must register as a commercial registered agent. All other agents are considered non-commercial.
- An LLC may act as its own registered agent. In this scenario, the LLC will be a non-commercial agent, but it must appoint a position/office to fulfill the role.
Generally, the agent as a business entity refers to commercial registered agents. Plenty of registered agent services Nevada are available in the state and can be hired for a fee.
As you notice, there is plenty of room to pick your registered agent, since the requirements of the law are simple enough. Assuming these requirements are fulfilled, you can take your pick in appointing a registered agent.
- You can be your LLC’s registered agent in Nevada.
- It’s possible to appoint a family member or friend to that role.
- You can hire a commercial registered agent.
This isn’t an exhaustive list. As long as you fulfill the above requirements, any person or business could be appointed to the role.
Simple as it sounds, the responsibility of the registered agent shouldn’t be taken lightly. There’s a good reason that the state legally mandates LLCs to have registered agents. So, be careful when appointing an agent for your LLC.
Considerations And Responsibility For Nevada LLC Registered Agent
At the minimum, the registered agent you appoint for your Nevada LLC should be able to handle the following responsibilities:
- Maintain a registered office for the LLC. This should be a physical address where process servers can reach and deliver documents.
- Be available during normal business hours (9 am to 5 pm).
- Receive service of process on behalf of the LLC and immediately inform the company.
- Receive any official communication on behalf of the LLC and forward it to the company.
Receiving communication is one part of the registered agent’s job. The other, and perhaps more important part, is informing the Nevada LLC as soon as possible. You want the company to know if it has been served as soon as possible. The registered agent should try to inform the company immediately, rather than waiting around after the documents have been delivered.
In light of these responsibilities, we should also revisit if you should be your LLC’s registered agent. Being reliably available at the registered office during business hours is important. While this might seem fairly straightforward to accomplish, individuals (you, family members, or friends) can struggle with meeting the expectations.
We like to go on vacations, spend time with friends and family, or have responsibilities that pull us away from the registered office. This could be troubling on the off-chance that service of process arrives while you’re away.
Another aspect to consider is privacy. The address details of the registered agent become part of the public record. So, your address would be available to anyone willing to look for it. And unethical marketers or junk mail marketers would have it too.
In any case, many people aren’t quite comfortable with having their address publicly available. So if either of these scenarios sounds problematic, you may want to reconsider being your LLC’s registered agent.
Hiring A Commercial Registered Agent In Nevada
Considering the several commercial services available in the state, your LLC’s NV Registered Agent could very well be a commercial agent. Many LLCs take this route. It is often more convenient to hire a business to be the registered agent. That way, you get a more professional and reliable service.
Besides, you can focus on your business rather than worrying about receiving service of process. The exact amount you’ll spend on a commercial agent depends on the agent and the service they offer. This can vary to anything between $50-$300, and maybe more.
Since Nevada is a very popular state for forming LLCs, there are plenty of options available. However, before you go ahead with the hiring decision, take some time to check Nevada registered agent reviews. This will give you a good idea of the services available and if the services are worth the money.
Anyways, irrespective of the commercial agent or the pricing, there is a minimum of requirements or services that must be available.
- Professional Service: The agent should have a fully staffed office. That way, if service of process arrives, the staff knows what to do with the documents and to handle them carefully.
- Reliable: The commercial agent must be available through normal working hours. They should receive service of process without any issue.
- Privacy: Since you’ll use the commercial agent’s address on all pertinent documents, your own address can stay off public record.
- Discreet: For many businesses, it is desirable that they don’t receive service of process in front of clients, customers, or employees. Since the commercial agent has a separate address from the LLC, this shouldn’t be a problem. The agent should be quick and discreet about forwarding these documents to the LLC.
- Convenience: Once you’ve hired an agent, you shouldn’t have to worry about service of process or communication from the state being missed. The commercial agent should handle these aspects for you.
Changing Your Nevada Registered Agent
You can change your LLC’s Nevada Registered Agent by filing the appropriate forms with the secretary of state. If you have a non-commercial agent, you can file for Registered Agent Acceptance or Statement of Change. In the case of commercial agents, file Commercial Registered Agent Registration, Change or Termination Statement.
The business forms section of the NV Secretary of State website has these forms available. Nevada doesn’t allow the change of a registered agent while filing the Annual List (annual report) for your LLC.