With new projects, endeavors, and journeys on the horizon, it’s come time for you to resign from your registered agent role.
Maybe you’re leaving the company, maybe you’re transferring the responsibilities to someone else, or perhaps you’re an attorney or accountant who no longer wants to handle the duties for your client. Whatever the reason, the goal should be to ensure a smooth and efficient transition for everyone involved.
Resigning from your registered agent responsibilities is actually a simple process, typically a single form submission. If you follow the steps in this guide and work closely with your LLC to facilitate a quick agent switch, you’ll be onto your next exciting project and your LLC will continue in its success.
Notifying the LLC
Because you file your resignation with the state government, you may wonder how you’re supposed to break the news to your LLC. The truth is that, in some states, you don’t even have to, as the state will do it for you. That said, it’s often good form to let your LLC know prior to taking off. This way, they have time to find a replacement and won’t risk losing good standing with the state.
Of course, certain states don’t give you the option, making it obligatory to notify your company before you send an official resignation to the state.
Steps to Resign As a Registered Agent
In most cases, all you need to do is submit an official statement of resignation to your state’s Secretary of State’s office. Certain states provide an official document with a few spaces for you to include your signature and necessary contact information. Others, however, do not.
If your state doesn’t provide an official resignation form, you’ll need to write your own. Just be sure to include the following information:
- Your name
- Your LLC’s name
- The LLC’s principal office address
- A statement of resignation
- Your signature and the date
Your home state might have specific resignation or filing requirements, so you’ll want to consult the state’s website as you prepare your document. For example, some states require that you send one copy to the Secretary of State and another to the LLC, while for others, you just need to send it to the state.
Finding a Replacement
The last thing you want is to leave your LLC high and dry without an agent and no prospects for replacement. Quite often, operating without a valid agent will cause an LLC to lose its good standing with the state and, potentially, suffer administrative dissolution.
So, while you aren’t required to find your own successor, it’s a good idea to give your company enough notice to look for one themselves. And while there’s no shortage of options, most states place a few key restrictions on who can be a registered agent. An acceptable replacement agent will:
- Have a physical address in the state.
- Have a mailing address in the state (P.O. boxes are not allowed).
- Be authorized to conduct business in the state (if a business entity)
- Be at least 18 years old (if an individual)
- Be available at the registered office address during all standard business hours.
Your LLC can either appoint an individual or a business entity as their next agent, as long as whoever they hire complies with these rules.
Your job isn’t done after you submit your official resignation, however. Many states require you to retain your duties for a certain amount of time (usually 30 days) after the state files your document. This ensures that your LLC will have plenty of time to line up your successor.
If none of the members or managers agree to take on the role, and they don’t want to trust a family member, friend, or third party with the responsibilities, you can suggest that they instead hire a registered agent service. These reliable companies take over all agent duties and are available during standard business hours to scan/file important documents, forward state correspondence to the LLC, and handle service of process. They can also take care of maintenance filings like annual reports.
To save you or your LLC the time of sorting through different registered agent services online and evaluating each one, we did the research for you, and our top picks are Northwest Registered Agent and IncFile. Both have strong reputations, great reviews, and excellent customer service. For an in-depth look at each, read through our comparison guide.
When your replacement has taken over, you’re free to go! If you’re moving to another company, keep this guide and website handy for future registered agent operations. If not, best of luck on your next big adventure!