Legal Question in Business Law in California
What is the requirement of who a registered agent must be?
I am working through an online legal document prep service as I am starting an LLC and I want to name my own registered agent but I don't know if a registered agent can be a regular person, like my dad, as long as he has an address, or the post office if it has an actual mailing address or if it has to be a designated person with special training of some sort? Can I choose my own person? How do I find them if it can not be my dad or the post office with a regular mailing address? Thank you.
3 Answers from Attorneys
Re: What is the requirement of who a registered agent must be?
Other than the obvious response, that someone desiring to start a legal service should really already know such things before selling their 'expertise' to others, I will also suggest you check into what constitutes the 'illegal practice of law', a crime.
Re: What is the requirement of who a registered agent must be?
Any competent adult can be a registered agent, but that person's actual street address, never a post office box, must be provided. The reason is that it must be possible to serve the agent in person, i.e., face-to-face, rather than by mail. The post office will not act as your registered agent and if you try to use an address such as that of a vacant lot, post office building, or other address where the agent cannot be found by a process server, you are asking for trouble.
Re: What is the requirement of who a registered agent must be?
An agent is an individual (manager, member or any other person, whether or not affiliated with the company) who resides in California or a corporation designated by the limited liability company to accept service of process if the company is sued. The agent must agree to accept service of process on behalf of the company prior to designation.
If a corporation is designated as agent, that corporation must have previously filed with the Secretary of State a certificate pursuant to Corporations Code section 1505. Note, a limited liability company cannot act as its own agent and no domestic or foreign corporation may file pursuant to section 1505 unless the corporation is currently authorized to engage in business in California and is in good standing on the records of the Secretary of State.
I strongly recommend against using online document preparation service. There is no substitute for oompetent legal advice.
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