Colorado Registered Agent: LLC Options & Requirements
Registering an LLC in Colorado is a big decision. Before filing the Articles of Organization, you will need to choose a registered agent. In this article, we’re going to walk through what the role of a registered agent is and what your options are as a business owner.
What is a Colorado Registered Agent & is it Necessary?
Yes, a registered agent in Colorado is legally required. A registered agent is an individual or service that acts as a go-between with the LLC and the state.
In short, the registered agent assumes statutory responsibilities. He/she must agree to receive and deliver any official communications such as tax or legal documents from the state of Colorado to the LLC. Furthermore, the registered agent must be consistently available to carry out this responsibility without interruption.
Here’s what the Colorado Secretary of State specifically says:
If an LLC does not assign or maintain a resident agent, the LLC risks being named noncompliant. Colorado defines noncompliance as 30 days or more without a registered agent. If this occurs, a Statement of Change needs to be filed online before the LLC is returned to “good standing” status. If the LLC remains noncompliant for 60 days or more, the status changes to “delinquent,” and a Statement Curing Delinquency must be filed to return to good standing.
What are the Requirements of a Registered Agent?
Aside from carrying out the statutory responsibilities defined above, a registered agent must meet the following requirements:
- The agent must be an individual resident of the state of Colorado or a corporation authorized for business in Colorado.
- The agent must have a physical address in Colorado.
- The agent must have a mailing address in Colorado.
- An LLC can act as its own registered agent in Colorado.
For reference, here is a screenshot of what information is required on the Colorado Articles of Organization:
Who can be a Registered Agent in Colorado?
The registered agent can be either an individual or a professional service. Here are the pros and cons of each option.
As mentioned above, if using an individual as your registered agent, the individual must be a resident of Colorado.
This means that the individual cannot be in the process of establishing residency in another state, territory, or country or receiving benefits while claiming residency in another state, territory, or country.
Otherwise, the individual can be an attorney, accountant, or even a friend or family member. Simply add the person’s name and address to the Articles of Organization.
- Convenience – Using someone you know saves the time of searching for a registered agent service. The individual is probably also someone that you trust.
- Cost – The cost will likely be much lower than using a service, perhaps even free.
- Inconvenience – The individual who acts as registered agent is required to be available without interruption. She/he may not put a hold on mail. This might make vacations a bit tricky.
- Risk that documents are not delivered in timely manner – If using an attorney, for example, you may be risking that she/he is away from the office at the time of delivery. This leaves open the possibility that the document is put in other hands, possibly slowing the process. If using a friend or family member, you run the risk of having documents misplaced or even ignored. Personal and work lives often have many distractions. For example, if quarrelling with Aunt Louise over a late or missing tax document worries you, a registered agent service may be a better option.
Registered Agent Service
Registered agent services also provide this type of assistance. The service’s name and address must be included on the Articles of Organization.
- Privacy – If documents regarding a sensitive issue such as a lawsuit are being delivered, the service provides a cushion of privacy between your business and the public. In addition, the address of the service, not your business (or family member or friend) is public record. This means that marketing materials or junk mail will be sent to the service, not to the LLC.
- Reliability – The registered agent needs to be available during regular business hours – all business hours. Using a service might provide a measure of comfort knowing that important documents will not slip through the cracks (as long as you use a reputable service). After all, receiving and delivering important and time-sensitive documents is what the service is experienced doing.
- Location – An LLC is not required to maintain a physical presence in the state of Colorado. The LLC may also do business in various states. Many services have you covered by providing that presence in multiple or even 50 states.
- Cost – Using a service is going to cost you more than using an individual. Still, having the peace of mind that important documents are being handled by a professional service may be worth it.
- Unfamiliarity – Using an individual usually means using someone you know and trust. With an unknown entity there is always a risk of unsatisfactory service. Of course, this is what reviews are for!
Finding a registered agent that is the right fit for your LLC may be one of many tasks when setting up your LLC, but one that is essential to running your business efficiently.
How to get a Free Registered Agent in Colorado
The most cost effective way to get a free registered agent in Colorado is to use a professional LLC service that also offers a free registered agent service.
How it Works
Simply hire an online service like IncFile and Northwest Registered Agent to form a Colorado LLC. As part of their package, they’ll include a free registered agent service and list their address on the Articles of Organization instead of yours.
All you pay for is the $50 Colorado LLC creation fee + $49 or $79 service fee.
This will remove all registered agent responsibilities off your plate, take care of LLC formation paperwork and provide you with an online dashboard to keep track of things that come up in regard to your LLC in Colorado.
How to Change Your Colorado Registered Agent
If you need to change your current registered agent in Colorado, the most common method is to file a Statement of Change Changing the Registered Agent Information. This form must be completed online, and you can get started by finding it under “Changes” on the S.O.S. Business Forms List. Click “Search for your record to file online” and search for your LLC name. Then, follow the onscreen directions and you’ll be done in no time.
Make sure you have a few pieces of crucial information handy when you file:
- Your LLC name (an exact match for the name on file with the S.O.S.)
- Your former agent’s name and address
- Your new agent’s name and address
Don’t forget to check the box next to “Delivery of Notice;” this affirms that the new agent has been informed and consents to the position. See here for a comprehensive set of instructions.
In some cases, your need for a new registered agent may fall into your Periodic Report period. Colorado requires all LLCs to file annual Periodic Reports during the yearly quarter it was formed. So, if you formed your LLC in March, your Periodic Report period would be January–March. Instead of filing a Statement of Change, you can simply update your registered agent information on the Periodic Report. Find instructions on filing your Periodic Report here.
If you include incorrect agent information on a Periodic Report or Articles of Organization, don’t worry! You can also file a Statement of Correction Correcting Registered Agent Information to publish the accurate info.
Filing online is your only option here, so navigate to your desired form on the Business Forms List, click the link under “Online Filing,” and you’ll be on your way. The Periodic Report, Statement of Change, and Statement of Correction all require a $10 fee, which you can pay via credit card.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? Then you’re all set! Since these forms are all filed online, the Secretary of State’s office processes them immediately, so you should see your new registered agent recorded right away.
Have Questions or Concerns?
If you’d like to talk to the state directly about your questions or concerns, it’s easy!
Visit Their Website
Visit the Secretary of State’s website for more information about registered agents in Colorado. They have a great FAQ regarding how to update resident agent information, what happens if your registered agent falls out of good standing and much more you should be aware about.
Give Them a Call
If you’d prefer to call, reach out to their Denver office at (303) 894-2200.