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 Oklahoma 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 Oklahoma 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 Oklahoma LLC
Your first step in the resignation process, before even downloading the official form, is informing your LLC. Oklahoma state law (§18-1026) mandates that you send written notice of your resignation to each business entity you had been representing at least 30 days prior to submitting your official notice to the Secretary of State. In doing so, you’re giving your company plenty of time to develop a transition plan for their registered agent change, thereby avoiding potential penalties.
Submitting Your Resignation
After you’ve broken the news to your LLC and waited the requisite 30 days, you’re ready to get started on your official resignation. You can complete the process online or using a paper form.
If expediency is your goal, online filing is often quicker and easier. Head to the Secretary of State’s e-Filing System and click the link for either domestic or foreign LLC. Enter your contact information and follow the onscreen instructions to select the appropriate form and complete the process.
To file a hard copy, get started by downloading the “Resignation of Registered Agent” form from the Secretary of State’s Business Forms page. There are separate forms for each business entity type, so make sure that you choose the one under the Limited Liability Companies section.
Now that you have the form, it’s time to fill it out. You only need to provide a few pieces of information:
- The LLC name
- The date you notified the LLC (must be at least 30 days prior to this filing)
- The address where you sent your written notice to the LLC
- The date you’d like your resignation to take effect (this is optional – your position will be automatically terminated 30 days after your form is processed)
- Your signature and the date
- The signature of an LLC representative acknowledging your resignation
All finished? Don’t send it off just yet. You’ll need to include a $25 filing fee. If submitting online, you can input your credit card information. For mailed submissions, include a check made out to “Oklahoma Secretary of State” and send everything to:
Oklahoma Secretary of State
421 N.W. 13th St., Suite 210
Oklahoma City, Oklahoma 73103
Online submissions are processed immediately. Standard processing time for mailed forms is 7-10 business days, but if you’re in a hurry, you can pay an additional $25 fee for same-day expedited processing. The resignation won’t take effect until 30 days after it’s processed unless the LLC appoints a new agent sooner. Just be aware that you might still receive service of process for up to a 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. If your LLC hasn’t appointed a replacement by the time you’re officially off the record, they will receive a warning from the Secretary of State. From that point, they have 60 days to find a successor. Any company that goes more than 60 days without a registered agent on file will be administratively dissolved.
When the LLC does bring on a replacement, they meet Oklahoma’s registered agent requirements, which means they must:
- Be an individual or business entity residing in Oklahoma
- Have a physical Oklahoma address (P.O. boxes aren’t allowed)
- Have a mailing address in Oklahoma
- Be authorized to do business in Oklahoma, if a foreign entity
Some companies might find it easiest to name an individual member the registered agent and, while this is allowed, it can save time and stress to hire 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 Oklahoma 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 Oklahoma or something completely different.