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One of the things you’ll need to determine before filing your paperwork to form a limited liability company (LLC) in California is who will serve as your agent for service of process. The state requires all LLCs to have one, but what is an agent for service of process? What are their duties, and what are the requirements to be one?
An agent for service of process (referred to as a “registered agent” in most states) is an individual or business that is designated by the LLC to receive important legal documents on behalf of the company. This position is crucial to ensure that the correct people within an LLC are notified in person when there are time-sensitive events, such as service of process for lawsuits. The agent also receives important notices from the state, such as garnishment notices against employees, notices of the annual report due dates, and tax notifications.
California LLCs must designate and maintain an office (which need not be a place of business) in California (Cal. Corp. Code § 17701.13(a) where a registered agent will be available during normal business hours to accept any service of process, notice, or demand pertaining to the entity and forward it to the appropriate individuals within the LLC.
This office cannot be just a Post Office box or mailbox service but must be a physical address in the state of California.
By state law, California LLCs must designate and maintain an agent for service of process in California, which may be:
You can be your own agent, as long as you are a resident of California and are fully available during all business hours.
Although it may seem like the simplest option is to be your own agent for service of process, there are some compelling reasons to instead use a registered agent (agent for service of process) service instead, such as:
You must name your agent for service of process when you complete the official paperwork with the state to form your LLC, so you need to decide who your agent for service of process or registered agent service will be before you begin that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission before appointing them.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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