A Utah Registered Agent is someone who receives service of process on behalf of an LLC. This can be a person or business entity designated by a Utah LLC. Apart from receiving service of process, the registered agent also functions as the point of contact between the state and the LLC. As such, the agent may also receive official communication from the state.
It is necessary for every LLC in Utah to appoint and maintain a registered agent. The Utah Division of Corporations will not issue a Certificate of Organization unless a registered agent has been appointed.
Service Of Process And The Utah Registered Agent
Service of process involves delivery of legal documents. These include notice of a lawsuit, summons, subpoenas, etc. These are delivered by people known as process servers. The court system uses this as a way to track the delivery of legal documents.
Once the process servers deliver the documents to the registered agent, the LLC is deemed to have been notified. Therefore, the registered agent must be available to receive service of process and forward documents to the LLC (as necessary).
For this purpose, it’s important for the Utah Registered Agent to maintain a physical address where service of process can be delivered.
Note, that not having a registered agent (or the agent being unavailable) doesn’t mean that the LLC can’t be sued. In fact, it increases the risk of the Utah LLC losing its liability protection and a court case against the company proceeding without the LLC knowing about it!
Things To Know About Your Utah Registered Agent
Legal Requirements For A Registered Agent In Utah
Before you appoint a registered agent, consider if the potential agent is legally qualified to fulfill the role. Your Utah LLC must stick to some simple, but necessary legal requirements when appointing a registered agent.
- A registered agent must maintain a physical street address in the state. The use of PO Box addresses and similar isn’t allowed.
- If the agent is a person, he or she should be a resident of the state and an adult.
- If the agent is a business entity, they should have permission to do business in Utah.
The business entity as a registered agent is usually a commercial registered agent. These are businesses that offer their services as registered agents for a fee.
Who Can Be A UT Registered Agent – Being Your Own Registered Agent In Utah
Once you’ve understood the requirements, it’s time to get an agent for your Utah LLC. To put it rather simply, the following could be your registered agents in the state:
- You can be your own registered agent.
- You can have friends/family members as the registered agent.
- It is possible to hire a commercial registered agent.
While these are the common options, you’re not essentially limited to these. As seen with the legal requirements, the pool you can choose from is rather large and expansive. So, it’s always better to carefully consider your options before picking an agent.
In the same vein, consider the responsibilities of the agent as well. Generally speaking, the registered agent should be able to handle the following requirements at the minimum.
- Maintain a registered office for the LLC.
- Be available during normal business hours (9 am to 5 pm) in case service of process arrives.
- Receive service of process on behalf of the LLC and inform the company immediately.
- Receive official communication from the state (tax notices, payment reminders, etc.) and forward them to the LLC.
What’s More To Know About Being My Own Registered Agent
Commercial agents usually cost a fee. Being your own registered agent (or having family/friends be the agent) enables you to save that money. It’s seemingly a good choice, but there’s a reason why commercial agents continue to exist and are popular.
Reliability is an important part of the job. And commercial agents can handle this part way better than most individuals. People may have trouble manning the registered office through conventional business hours every day.
Going out on vacations or stepping out for some work is fairly natural. Unlikely as it is, if service of process were to arrive during these times, it could get troublesome. Commercial agents can man their offices diligently during normal working hours.
Privacy is another reason that makes individuals reconsider their decision of being the registered agent. The address and details of the registered agent form part of the public record. This means they’re easily available to anyone. Many people aren’t comfortable with this situation, and prefer to keep their address private.
Hiring commercial agents can offer a solution to this problem too. Since it is the address of the commercial agent that forms part of the public record, your own address and details can stay private.
Hiring A Utah Commercial Registered Agent
Your Utah registered agent search may often lead to hiring a commercial registered agent. These are companies that offer services as registered agents for a fee. If you decide to go for a commercial agent, make sure to pick a company that’s well-equipped to handle this role.
Professionalism and reliability are key parameters. So, we obviously want a company capable of handling these responsibilities. There is no dearth of companies offering services as commercial registered agents in UT. You’ll find several national and local companies offering their services.
It’s best to go through their reviews and see how well they can manage the role of a registered agent. At the very least, you should expect the commercial agent to offer the following services.
- Professional service
- Discreet service
The pricing can vary depending on the agent and the services offered. However, as a general consideration, you can expect most commercial agents to charge anywhere between $50 – $300 annually.
How To Change Your Utah Registered Agent?
Utah has fairly simple requirements for changing your LLC’s registered agent. A quick way to change your Utah registered agent is to file a Limited Liability Company Registration Information Change form with the Utah Division of Corporations & Commercial Code. This can be done online using the state’s OneStop system.
Alternatively, the form can be filed via mail, fax, or in-person. The cost of filing this form is $15.