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 Louisiana 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 Louisiana LLCs 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.
Notifying the Louisiana LLC
Once you resign, it’s up to your former LLC to change its registered agent. And while you aren’t required to notify the company before you submit your resignation to the state, it can make the process easier and more efficient if you do. Speaking with your LLC prior to resigning will give them plenty of time to find your replacement and facilitate a smooth transition. After you file your official resignation with the state, the Louisiana Revised Statutes 12:1-503 requires that you submit one copy to the LLC’s registered office and another to the principal office.
You remain on file as the registered agent for 31 days after you officially resign, unless your LLC appoints a replacement sooner. So, helping your company find a successor reduces the amount of time that you’ll retain agent duties after you resign.
Submitting Your Resignation
The first step in formally resigning with the Secretary of State is to draft a Statement of Resignation. There isn’t an official form to complete, so you’ll need to create your own. Fortunately, it’s pretty straightforward and only requires a few pieces of information. On your statement, you must include:
- The LLC name
- Your name
- Your street address
- A statement that you resign from your position
- Your signature
There’s also a $25 fee to file a resignation, payable by check included with your filing. You will need four copies of your statement in total – two for the state, and two for your former LLC. First, mail two copies, along with your payment, to:
Louisiana Secretary of State
PO Box 94125
Baton Rouge, LA 70804-9125
Live in Baton Rouge? You can also drop your documents off in person to 8585 Archives Ave., Baton Rouge, LA 70809.
Immediately after you’ve submitted two copies to the Secretary of State, send one copy to your LLC’s registered office and another to the principal office.
Typical processing time for resignations is 3-5 business days, but you can request 24-hour expedited processing by labeling your filing “expedite” and paying an additional $30 fee. As mentioned earlier, you will not be off the books as the registered agent until 31 days after your resignation is processed, so keep in mind that you may receive mail and service of process for up to one month after you file.
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. If your company doesn’t appoint your replacement right away and goes 60 days without a registered agent, they will be administratively dissolved by the state. Discussing the transition with them beforehand will help them get a new agent lined up and avoid this penalty.
Whomever the LLC appoints, they must meet Louisiana’s registered agent requirements. They must:
- Be an individual resident of Louisiana or a corporation authorized to do business in the state
- Have a physical Louisiana address (P.O. boxes aren’t allowed)
- Have a mailing address in Louisiana
- Be present at their address during business hours to receive mail and service of process
A Lousiana business entity can assign one of its owners or members as the registered agent, but sometimes it’s easiest to give those responsibilities to a professional service.
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 Louisiana 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 Louisiana or something completely different.