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 Utah 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.
But the good news is that resigning from your Utah LLC 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 Utah LLC
Utah state law doesn’t require that you inform your LLC before filing your official resignation. The Department of Commerce will send a copy of your official resignation to the LLC as soon as they receive it, so giving prior notice is optional. That said, letting your company know beforehand can be beneficial for everyone involved. It will give the LLC time to come up with a succession plan to change its registered agent and ensure a smooth transition for everyone involved.
Submitting Your Resignation
Speaking with your LLC early on is helpful and courteous, but it’s not what kickstarts the resignation process. To get that ball rolling, head to the Department of Commerce’s domestic or foreign LLC pages. On the right side of the screen, you’ll see a box containing links to LLC forms. Click “Registered Agent Resignation” and you’ll be on your way.
Now that you’ve got your hands on the form, use a PDF editor (like Adobe Acrobat) to fill it out with the following information (it must be typed):
- The LLC name
- The LLC’s Entity Number
- Your name
- Your File Number (if applicable)
- The name and address of the LLC representative to whom you sent or will send written notice
- Your signature
And that’s it! There’s no filing fee for this form so you can stash your checkbook for now. When you’re ready, mail your original document plus two copies to the Department of Commerce at:
Utah Division of Corporations & Commercial Code
PO Box 146705
Salt Lake City, Utah 84114-6705
Live in Salt Lake City? Feel free to drop them off in person in the Heber M. Wells Building, located at 160 E 300 S, 1st Floor, Salt Lake City, Utah 84111.
Or you can fax them to (801) 530-6438, although faxed forms incur a fee of $5 per page.
Standard processing time for resignations is 3-10 business days, but if you need it done sooner, you can pay $75 for expedited processing (1-2 days). Your resignation will take effect as soon as it’s processed unless you indicated a later date on your form.
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. Once your resignation takes effect, your LLC has 30 days to appoint a replacement or it will be administratively dissolved by the state. This is why it’s important to give the company advance notice and help to facilitate a quick and smooth transition.
Whoever the LLC brings on as your replacement, the must meet Utah’s registered agent requirements, which means they must:
- Be an individual or business entity residing in the state
- Have a physical Utah address (P.O. boxes aren’t allowed)
- Have a mailing address in Utah
- Be authorized to do business in the state, if a foreign entity
The LLC is allowed to appoint one of its individual members as the registered agent. However, outsourcing those duties to a professional service and save time and prevent unnecessary 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 Utah 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 Utah or something completely different.