Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your Alabama registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for Alabama LLC’s it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the Alabama LLC
The first step in the resignation process is informing your LLC in Alabama. This is not just because it’s required by law, but also because it’s helpful to the company’s managers or members. If they’re aware of your resignation, they can begin the process to change their registered agent and facilitate a smooth transition.
Follow the instructions below to complete your resignation form, then send a copy to your LLC. After you do, the clock starts ticking. You have 11 days to submit your official copy to the Secretary of State’s office, according to Alabama code, Section 10A-1-5.34.
Submitting Your Resignation
In that 11-day window after notifying your LLC, follow these steps to formally file your resignation with the Secretary of State.
Get started by downloading Alabama’s Registered Agent Resignation Form – it’s the only one you’ll need to submit. From the Secretary of State homepage, you can access it by selecting “Business Entities” then “Business Downloads.”
Now that you’ve got your hands on the form, use a PDF editor (like Adobe Acrobat) to fill it out with the following information (it must be typed):
- The LLC’s Alabama Entity ID Number (if you don’t know it, find it by using the Secretary of State’s Business Entity Search).
- The LLC name
- Your most recent office address
- The date you notified the LLC of your resignation
- Your signature
That wasn’t so bad. And what’s even better is that there’s no filing fee, so put your checkbook away – you won’t need it. When you’re finished with the form, print two copies and mail them to:
Secretary of State
Business Services Division
P.O. Box 5616
Montgomery, Alabama, 36103-5616
If you want one returned for your own records, include a third copy with a self-addressed, stamped envelope or, for a digital copy, enter your email address on the form.
As it states on the form, the resignation will take effect on the 31st day after the Secretary of State receives your filing. So don’t leave town as soon as you send it – you’ll still be the active registered agent for a little longer.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. For example, an Alabama company that goes without a registered agent for 60 or more days – or does not notify the state of your resignation within 60 days – can be administratively dissolved. The state doesn’t mess around when it comes to registered agents, so be sure that you and your LLC have a succession plan in place.
Once you’ve nominated a replacement, confirm that they meet Alabama’s registered agent requirements. They must:
- Be an individual resident of Alabama or a corporation authorized to do business in the state
- Have a physical Alabama address (P.O. boxes aren’t allowed)
- Have a mailing address in Alabama
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Alabama LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Alabama or something completely different.