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California Registered Agents: Legal Requirements, Costs, and How to Choose
Registered agents are entities that liaise with the government on behalf of businesses; they receive legal and government documents and transfer them to businesses. California law requires corporations, limited liability companies (LLCs), and other registered businesses operating within the state to have registered agents to act as intermediaries between them, the state, and third parties.
Registered agents are necessary for reliable communication and for businesses to receive important files and information (such as lawsuits, compliance communication, service of process, and tax notifications) timely.
What Does a California Registered Agent Do for an LLC or Corporation?
Registered agents are the links between businesses and the government. They ensure the timely delivery of critical legal and government documents. In California, the functions of registered agents include:
- Service of process (receiving legal documents on behalf of businesses so that they do not claim not to get them)
- Acting as the official communicator between businesses and the government - a registered agent receives notices, information about tax filings, extensions, potential audits, and annual report reminders and forwards them to the business. California registered agents also communicate changes in state regulations and compliance requirements to their associated businesses.
Registered agents must forward documents promptly to businesses and maintain records of such forwarded and received files.
Criteria for Becoming a Registered Agent in California
In California, any individual or entity can serve as a registered agent if:
- They have a physical address within California (this excludes P.O. Box addresses)
- The individual or business entity is available to receive legal and government documents during office hours
- They can accept legal and government documents and forward them promptly to the businesses they represent.
Legal Requirements for Registered Agents in California
In California, entities seeking to become registered agents must fulfill specific legal requirements. A California registered agent must:
- Have a physical address to receive documents (the address cannot be a P.O. box)
- Be available during business hours (9.00 a.m. to 5.00 p.m.) to receive documents
- Be 18 years or older (if the entity is an individual) and must be resident in California
- Consent in writing by submitting a completed consent form to the California Secretary of State
After fulfilling the legal requirements, individuals acting as registered agents do not need special licensing. In contrast, business entities offering registered agent services must register, obtain certificates of registration, and be in good standing with the California Secretary of State.
Registered Agent Compliance in California
Yes, businesses in California must have registered agents. Section 1520, 17701.13, 15901.16, and 16953 of the California Corporations Code stipulates that all domestic and foreign corporations operating within the state must designate registered agents within 90 days of filing their original articles and annually for service of process.
How to Choose a California Registered Agent
There are several factors to consider when choosing registered agents in California. Businesses seeking to hire registered agents should consider the following:
- Convenience and accessibility
- Prompt communication
- Geographical spread
- Fees
- Service Offerings
- Reputation and reliability (track records and customer service) of the agents
- Privacy (shielding of business address)
- Scalability (capacity of the agent to handle expansion of the business).
The following steps are a guide on how California businesses can choose registered agents:
- Determine if the agent offers additional services such as online document management or service compliance
- Compare services of different registered agents and choose the best option
- Request cost breakdown for services
- Verify the licensing of the agent and its good standing with the California Secretary of State.
- Review the terms and conditions of service to avoid hidden costs.
Costs of Registered Agent Services in California
The cost of using registered agents in California depends on service types. For professional registered agent services, the cost of basic services ranges from $50.00 to $300.00 annually, while premium services such as compliance tracking and online document access cost between $150 and $400.00 yearly.
Corporate registered agents may charge annual fees between $125.00 and $300.00. Additional services like document forwarding cost between $10.00 and $30.00, and compliance tools such as reminder filing may add between $10.00 and $100.00 annually.
By comparison, self-designating or in-house handling may be free (excluding the costs of time spent updating records, managing correspondence, and ensuring availability during office hours). However, there are potential drawbacks to self-designating. In-house handling of roles may compromise privacy, expose the physical address of the registered agent, and lead to solicitations or legal notifications. It may also limit flexibility, result in failure to receive and respond promptly to legal notices (this may lead to lawsuits, penalties, or loss of good standing), and lack of efficient handling of responsibilities.
Accessing Registered Agent Records in California
There are several options for finding registered agents in California. Interested individuals seeking information about registered agents in California should
- Log into the California Secretary of State | Business Entity Search Portal:
- Type “registered agents” into the online search tools and submit to view the details of active, suspended, and terminated registered agents within the state
- Call, mail, or visit the California Secretary of State office and request information about registered agents
- Search for registered agents through professional directory services; they may provide details on the services and prices of various California registered agents.
- Seek information about local registered agents from attorneys and businesses within the specific geographical area.
Where to Find Public Registered Agent Information in California?
Yes, information about California registered agents is publicly accessible. Interested businesses and individuals can access registered agent details through the California Secretary of State’s Business Entity Search Portal. Alternatively, interested entities can call, mail, or visit the California Secretary of State office and request the details of registered agents operating within the state.
Can I Be My Own Registered Agent in California?
Yes, individuals can be their registered agents in California. Although self-designating or in-house handling has advantages, it also has some challenges, as outlined below.
Advantages of self-designating registered agent
- Costs saving on professional registered agent service fees
- Prompt receiving and immediate actions on legal and official documents and information
- Direct liaison and straightforward handling of correspondence
Disadvantages of self-designating or in-house handling of registered agent roles
- Privacy exposure that may lead to unwanted solicitations
- Restricts movements of business owners who manage multiple responsibilities (registered agents must be available during business hours)
- This may expose the business to legal actions or penalties if the owner misses important legal documents or government notices
- It may divert focus from running the business due to the time and attention needed for correspondence.
Steps to Change Your Registered Agent in California
Changing registered agents in California involves specific steps and must comply with the California Corporations Code. California businesses seeking to change their registered agents should:
- Appoint entities who understand the role of registered agents, have verifiable physical addresses, must be 18 years or older (if the agent is an individual), and domiciled in California
- Fill out the Statement of Information (Forms SI-550 for corporations or SI-100 for LLCs) Forms. Alternatively, complete Statement of Change (Form RA-100) Forms to update registered agents information
- Pay all applicable fees (there is a $25.00 filing fee for SI-550 or SI-100 Forms)
- Submit the forms to the California Secretary of State Office online, by mail, or in-person visits to:
1500 11th Street, 2nd and 3rd Floors,
Sacramento,
CA 95814
Phone Number: (916) 657-5448
Mailing address
Business Programs Division
P.O. Box 944260,
Sacramento,
CA 94244-2600.
The timeline for completing a registered agent change in California ranges between 5 to 7 business days. However, expedited processing for additional fees may take 24 hours or less.
Consequences of Not Having a Registered Agent in California
Failure to maintain a registered agent for business in California may pose legal and operational risks. These include:
- Loss of good standing with the California Secretary of State, inability to secure contracts, loans, or expand businesses
- Failure to receive and respond promptly to service of process leading to lawsuits and penalties
- Administrative revocation of operational rights of businesses without registered agents leads to costly and time-consuming reinstatement processes.
As a business in California, non-compliance with the California Corporations Code relating to registered agents may result in the rejection of the Statement of Information and penalties.
Finding the Right Registered Agent for Your California Business
Becoming a registered agent in California requires an understanding of the job description and fulfilling the requirements for the roles. The steps below outline the prerequisites for a registered agent position in California:
- Understand the functions of registered agents, what they do, and how they go about it
- Confirm eligibility for the job. A candidate for the role of a registered agent in California must be 18 years or older and a resident of the state. Business entities seeking to provide registered agent services must file Certificates of Registration with the California Secretary of State and obtain clearance to operate in California.
- Provide a verifiable physical address within California (P.O. Box address is not acceptable)
- Consent in writing to serve as a registered agent (consent declaration may also be available on Statement of Information Forms)
- Complete the required forms and submit them to the California Secretary of State Office (business entities seeking to act as registered agents must fill out Certificate of Registration forms (Form RA-1))
- Pay any applicable fee.
- Register with the California Secretary of State; the appointing business must list the registered agent in its Articles of Incorporation (corporations), Articles of Organization (LLCs), and Statement of Information (annual or biennial filings)
- Be available during business hours and maintain up-to-date contact information with the California Secretary of State office.
