A registered agent for an LLC in Florida is a point of contact that is responsible for collecting and organizing important legal documents on behalf of an LLC in Florida. These tasks and legal documents might include things like; due dates, renewals, annual reports, legal notifications, or service of processes regarding potential lawsuits.
The registered agent’s name or company name is required when filing the Articles of Organization, which is more or less the official LLC formation document in the state of Florida. The registered agent will also have to sign and submit a form to the state.
In the state of Florida, a registered agent can be the business owner or any full-time resident of the state like a friend or coworker. This agent can also be a company doing business in the state, as long as it has a registered address and office in the state. Also, note that a company can work with registered agent services.
Any owner or employee of a business can be its registered agent in Florida as long as they are over the age of 18, and have a street address in Florida. You could also choose to elect a member of your LLC, or even a friend you trust, as long as the person meets these requirements too.
Registered agents are known to provide a presence in the state of Florida. They will also have to be physically able to receive documentation on behalf of the business they represent. Aside from the bare minimum of receiving documents, having a good registered agent entails that they will provide company formations, bookkeeping and accounting, virtual office services, and mail handling.
The registered agent is also expected to receive tax and legal documents on behalf of the company. This is vital to ensure that the business remains compliant when it comes to tax payments, lawsuits, or judgments against the business.
Requirements of a Registered Agent for an LLC in Florida
In the state of Florida, registered agents are held accountable for only the most basic of services. To qualify to be a registered agent in Florida, here are the requirements you are expected to meet;
Table of Contents
- Have a Physical Address
- Be Available
- Accept Service of Process
- Receive Official Notices
- An Individual as Your Registered Agent
- A Qualified Professional Service as Your Registered Agent
- Electing a Registered Agent Online
- Electing a Registered Agent by Mail
- How to Change Registered Agent for an LLC in Florida
Have a Physical Address
A registered agent in the State is expected to have a registered office in Florida. Have it in mind that this registered office can be any type of physical residence as long as mail and service of process can be delivered and accepted in person. This registered address can also be a home, business, or office suite number. In the state of Florida, P.O. boxes and virtual offices are unacceptable.
A registered agent in Florida will have to be always available to accept legal documents on behalf of their clients during normal business hours. These tasks and legal documents might include things such as due dates, renewals, legal notifications, or service of processes regarding potential lawsuits
Accept Service of Process
Have it in mind that the main duty of all registered agents in Florida is to receive service of process on behalf of the business the agent covers. The registered agent will also need to be available to accept service from a process server and forward the documents the agent has received to the clients or manager responsible for running the business entity involved in the lawsuit.
Receive Official Notices
In the state of Florida, registered agents should also be available to receive other vital documents such as tax notifications and annual report reminders on behalf of the business entity they serve and will need to have the ability to promptly forward those legal documents as well.
Who Can Act as Your LLC Registered Agent in Florida?
In the State of Florida, there are two options when it comes to choosing a registered agent for your LLC:
An Individual as Your Registered Agent
If you intend to use an individual as your registered agent, have in mind that this person can be a member of your LLC, a manager of your LLC, or any individual at all. However, they will be expected to have a legal address in Florida.
Also, note that you can appoint yourself to be the registered agent for your LLC. The primary benefit of being your own registered agent is that it helps you to save costs. A qualified professional service will cost you $50 to $150 while acting as your own registered agent is free.
However, regardless of who you choose to be your registered agent, that individual must have a physical address in Florida. A P.O. Box is not accepted as an individual registered agent’s address. An individual agent will also need to understand that their name and physical street address will be a matter of public record and can be very easily found by any other person searching the company.
They should also have in mind that they will be expected to be available at all regular business hours to receive mail and official documents, and this entails that they must be at the registered physical address from 9 to 5, Monday through Friday.
A Qualified Professional Service as Your Registered Agent
Also, note that you can work with registered agent services to represent you as your registered agent in the state of Florida. If you don’t mind paying the service fee, the benefits of working with a qualified professional service as your registered agent include:
- Privacy: When you choose to be your own registered agent, have it in mind that your address will be available to the public and just anyone can discover it. However, a service guarantees anonymity and keeps your personal and business mail separate.
- Availability: Just as was noted above, registered agent in the State of Florida is expected to be available at their location during all regular business hours. Working with a service will allow you to work when and where you like.
- Organization: Also note that working with a professional registered agent ensures that you can avoid any legal fees or legal problems that have to do with missing or losing a vital legal notice or document. They will more or less help your LLC to remain in compliance with the law, and you can then focus on running and building your business.
How to Elect a Registered Agent in Florida
In the state of Florida, an LLC is expected to elect a registered agent when completing the LLC’s Articles of Organization. The Articles of Organization remain the primary LLC formation document in Florida. However, to elect a registered agent for your LLC in Florida, here are your options;
Electing a Registered Agent Online
Indeed, you can choose to form your LLC online at the Florida Department of State’s SunBiz website (a $125 filing fee is required). However, have in mind that the name and contact information of your registered agent will be requested when you file your LLC’s Articles of Organization in the fourth section on page 1.
Aside from that, your registered agent will also have to consent to their appointment by filling out the “Registered Agent Signature” section themselves or by giving the filer permission to fill out the section on their behalf.
Electing a Registered Agent by Mail
If you choose to form your LLC by mail, you have to download the Articles of Organization form ($125 filing fee required), fill out the necessary fields, and submit a physical copy to the Florida Department of State. Note that you will be asked to make available your registered agent’s information under Article III. Your registered agent will also need to consent to their appointment by signing the form before submission.
How to Change Registered Agent for an LLC in Florida
If you are looking to switch or change your registered agent in the State of Florida, you have to fill out a Statement of Change of Registered Office or Registered Agent or Both forms and submit it to the Florida Division of Corporations. Have in mind that the filing fee is $25 for LLCs and $35 for other types of businesses, which you can pay by check. Note that you can file your Statement of Change form by mailing it to the address below.
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
To be in good standing with the Florida Department of State, all Florida LLCs are expected to elect a registered agent to take care of all corporate filings for the LLC. Note that failure to do so can result in state fees or fines. If you would prefer to work with a registered agent service, then you should be willing to pay around $35-$300 a year.
When choosing a service, ensure to take into consideration their add-on services. For instance, you might be able to access LLC formation services or legal expertise that would be helpful to your business.