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What happens if my corporation does not have a
statutory agent? |
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The consequences of failing to maintain a statutory
agent |
A statutory agent is the appointed party of a business
responsible for receiving legal notices, (through traditional
service of process or other forms of due process). Here is what
can happen when a corporation fails to register their statutory
agent with the State.
First of all, there are corporate penalties for not designating
and maintaining a statutory agent. Corporate entities are
required to appoint a statutory agent at initial filing. This
party must sign off in agreement that they will maintain the
position, have a physical address within the state of
incorporation and be available during normal business
hours.
In the event, that the statutory agent fails to be available
during business hours, moves out of state without notice or
even passes on, it is the corporation's duty to obtain and
register another one immediately. Each state has different laws
guiding the allowable time-frame a business has before
penalties arise if their next appointee is not chosen and
filed.
Failure to adhere has serious consequences. The business entity
will be delinquent and will be notified as such via certified
mail from the State. This of course, will be delivered to the
company's principal address. This could pose for some
embarrassment, so keep that in mind as this delinquency must be
corrected.
The notice will indicate the time allotted to fix the issue at
hand. If it is not, the State will proceed with dissolution of
the corporation. The notice of dissolution will be sent out and
a hearing will be scheduled. That's right, not properly
maintaining a statutory agent could result in closure of your
business.
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