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Differences in State Mandates Regarding Registered Agents
 
The differing state requirements for registered agents

While some states allow a business entity to act as its own registered agent, other states require a third party to be on record as the statutory agent. The Ohio Secretary of State allows a statutory agent to be any person who is a resident of the state who has a business address in the state. A domestic or foreign corporation may also act as the registered agent, as long as they hold the proper license to do business within the state.

South Dakota offers the same options to local businesses. However, Virginia's is a little different. While any resident of the state, management personnel of a business, or business entity itself may act as registered agent, any person who is a member of the VIrginia State Bar may also take on this role.

However, in all cases a registered office must be a physical address with normal operating business hours. There is one exception to this last mandate . . . in towns where the population is less than 2,000 persons, a Post Office box may be used. This exception however is not necessarily an option in other states. It is best to check with the Secretary of State or respective Office of the Clerk for details and clarification.

In most jurisdictions, corporations are required to have a third party registered agent on record. However, in Florida, corporations need only designate any obliging person with a physical Florida address as the statutory agent. Wyoming offers a similar option by allowing management of a corporation to act as registered agent on behalf of the corporate entity.

In essence, each state has some little differences and in some cases big more involved differences as to their laws on registered agents. One small difference in Nevada is that registered agents are termed resident agents. So knowing thoroughly what type of business you have and what is required by the State is imperative to the success of the company. The easiest thing to remember is check with the Secretary of State.


 

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