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 Nevada 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 Nevada LLC registered agent role is fairly 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 Nevada LLC
When you relinquish your registered agent duties, you need to inform two entities: the Secretary of State and your LLC. The Nevada Revised Statutes 77.370 mandates that you promptly notify your LLC as soon as you’ve filed your official resignation with the state. Even though you aren’t required to give your company advance notice, it can often help to do so. Giving your LLC colleagues plenty of time to plan their registered agent change will help them avoid penalties.
Giving notice beforehand can help you too. After you resign, you remain on file as the registered agent for 31 days unless your LLC appoints a replacement sooner. If the company already has one lined up, you can pass off your duties right away.
Submitting Your Resignation
There are two forms necessary for submitting an official resignation with the Nevada Secretary of State: The Statement of Resignation and the Customer Order Form. Omit either form and your filing will not be accepted. Find both on the Secretary of State Business Forms page.
Statement of Resignation: This form is pretty straightforward. For each of your companies list the name, entity number, and name/address of representative to whom you will send your notice. Then, sign the bottom and you’re done.
Customer Order Form: These are required for every Nevada business filing, and resignations are no exception. To complete it, enter the following information:
- Type of processing (standard, 24-hour, one-hour, two-hour). There is a separate form for one- or two-hour expedited service options.
- LLC name
- Contact name and address for return delivery
- Return delivery options (email, mail, fax, hold for pickup, etc.)
- Order description
- Payment type
ePayment Checklist: This is only required if you’re paying the filing fee via credit card. It requires a processing option and your card information.
This filing comes with a fee of $100, plus $1 for every additional entity from which you’re resigning. When you’ve gathered your documents and payment, submit them by mail, by fax, or in person. For postal mail, send everything to:
Secretary of State
202 North Carson Street
Carson City, Nevada 89701-4201
If you live near Carson City and would rather drop it off in person, you can do so at the same address. Or, fax your forms to (775) 684-5725 for standard filing or (702) 486-2888 for expedited ones.
Don’t forget to send an official notice to your LLC as soon as you’ve submitted your forms.
The Secretary of State typically processes business filings within five business days. But if you’re in a hurry, you can pay $25 for 24-hour processing, $500 for two-hour processing, and $1,000 for one-hour processing. Unless your LLC appoints a replacement sooner, you will retain those duties for 31 days, so be aware that you may still receive service of process for up to one month.
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. After you’ve resigned and stayed on call for the requisite 31 days, the LLC has 30 more days to appoint a new agent. If they don’t do so in time, they will be administratively dissolved by the state.
The new registered agent can’t be just anybody, though. They must meet Nevada’s registered agent requirements, which means that they should:
- Be an individual or business entity residing in Nevada
- Have a physical Nevada address (P.O. boxes aren’t allowed)
- Have a mailing address in Nevada
- Be authorized to transact business in Nevada, if a foreign entity
- Be present and available at the registered office address during regular business hours
While LLCs are allowed to appoint an individual member as registered agent, outsourcing those responsibilities to a professional service can save time and reduce stress.
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 Nevada 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 Nevada or something completely different.