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Differences in State Mandates Regarding Registered
Agents |
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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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