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 Florida 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, resigning from your registered agent role with a Florida LLC is a quick and easy process.
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 Florida LLC
Step one in the resignation process is reaching out to your LLC so you can let them know you’ll be leaving. Not only is this notification required by Florida law (Section 607.0502), but it also helps make the transition period easier on everyone involved. You must send a copy of your Statement of Resignation to your company prior to submitting it with the Department of State. But it’s also a good idea to speak more at length with your LLC about changing their registered agent so they can avoid penalties after you leave.
Submitting Your Resignation
This form has two parts: the Statement of Resignation and a Cover Letter. You must complete and submit both or your filing will be rejected.
Cover Letter: This page is fairly straightforward. It’s mainly to ensure expediency in the filing process and only requires your personal contact information (name, LLC name, address, email, and phone number).
Statement of Resignation: The statement itself is also pretty simple. Just enter your name, the name of your LLC, the LLC’s Document Number (if known), and your signature, and that’s it! By signing the document, you’re also confirming that a copy was previously mailed to the company.
Unfortunately, resigning isn’t free. At the time of your resignation, if your LLC is active, it costs $85. If the LLC has been dissolved or withdrawn, the fee is $25. Include a check, made payable to “Florida Department of State,” with your forms, and mail it all to:
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
Average processing time for the Florida Department of State is 3-5 business days. After your resignation is processed, your name will remain on file as registered agent for 31 days, unless your LLC appoints a replacement sooner, so don’t skip town right away! Be aware that you might still receive documents and service of process for up to one month after you resign.
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. A Florida LLC that fails to maintain a valid registered agent for any amount of time will incur a fine of $5 per day it operated without an agent, up to $500. Further, the LLC will not be able to maintain a lawsuit in Florida courts until it has appointed a registered agent.
Once you’ve nominated a replacement, confirm that they meet Florida’s registered agent requirements. They must:
- Be an individual resident of Florida or a corporation authorized to do business in the state
- Have a physical Florida address where they can receive mail (P.O. boxes aren’t allowed)
- Be present at their address during typical office hours
If your registered agent is a foreign business entity, it must be foreign qualified in Florida and authorized to do business there. An individual member of the LLC can serve as the company’s registered agent, although sometimes it’s easier to let a professional agent or entity take the reins.
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 Florida 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 Florida or something completely different.