When is a Registered Agent Needed in Nevada?
A registered agent is a person or company that accepts official documents on behalf of a company. Every Nevada corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), or Limited Partnership (LP) must select a registered agent when establishing a business in the state.
Sole proprietorships and general partnerships do not need a registered agent.
Learn who the registered agent is, their job duties, and the requirements to be one.
Role of a Nevada Registered Agent
A registered agent (also referred to as a resident agent or statutory agent in some states) is a person or company that is designated to be the official point of contact between the government and your business entity.
The primary responsibility of a registered agent in Nevada is to accept important legal notices and tax documents and then forward them to the appropriate person in the business.
Not only is a registered agent required when forming an LLC or corporation, but you must maintain a registered agent to keep the entity in compliance. Besides the requirement of designating a registered agent at the time of formation, there are several reasons to have one:
- Not Receiving Legal Notices – If the listed registered agent cannot receive legal notices, this lawsuit will still proceed. If a process server is unsuccessful in reaching the company’s registered agent, the court can proceed with the case. This could result in a judgment being placed against the business without the owners knowing.
- Administrative Dissolution – In Nevada, if the business doesn’t have a registered agent, the state can dissolve the entity.
- Penalties and Fees – By not maintaining a current registered agent, penalties and state fees can be levied against the entity and, in some cases, the owners too. Once an entity is no longer in good standing with the state, the owners may lose their liability protection and are at risk personally.
Common Questions About Nevada Registered Agents
What are the legal requirements for Nevada registered agents?
The requirements for an entity to have a registered agent are formed under Nevada Statutes NV Rev Stat § 77.400, which mandates that registered entities will have and continuously maintain a registered agent and registered office within the state.
A registered agent in Nevada can be any resident of the state who is 18 years or older, a registered Nevada domestic business entity, or a foreign business entity authorized to do business in the state.
The registered agent needs to have a physical street address (often referred to as a registered office or principal office) in the state of Nevada. This can be your home address, the address of a family member, an accountant or attorney, the address of the business, or a commercial registered agent service. Any physical address in the state may be used, but PO Boxes and mail drop services are not acceptable since someone has to be available to sign for documents.
The agent will also need to be available to receive Service of Process on behalf of the business during normal business hours. Service of process refers to the delivery of legal documents, often a summons, subpoena, or lawsuit filed against a business entity.
Does Nevada require a registered agent?
Every Nevada corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), or Limited Partnership (LP) must select a registered agent when establishing a business in the state.
Sole proprietorships and general partnerships do not need a registered agent.
How do you elect a registered agent in Nevada?
A registered agent in the state of Nevada is appointed when filing the formation paperwork or by changing it by filing the Statement of Change of Registered Agent by Represented Entity Form with the Nevada Secretary of State.
Should you be your own Nevada registered agent?
You can be the registered agent of your business, provided you are an adult, a resident of the state, and will be at a physical address in Nevada during normal business hours.
While it is less expensive to act as your own agent rather than hiring a service, there are a few reasons to consider hiring a service. A few of these include:
Privacy – The address of the registered agent becomes public record and is available for anybody to see. This can be especially concerning if someone is doing business on the side, and they don’t want their employer to know about the business. Also, if the business is sued, the notice will be delivered to the address on file. This could mean employees, customers, or even neighbors witnessing the event. There is also the remote possibility of a vindictive litigant or upset customer showing up at your house.
Due Date Reminders – Registered agent services provide annual report reminders and updates on any state requirements.
Availability – Nevada requires the registered agent to be available at the principal address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.
If the Business Expands to Additional Locations – If the business has a physical presence in multiple states (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states. A registered agent will need to be appointed with a physical address in each state.
How much does a registered agent cost in Nevada?
Depending on the services provided, a commercial registered agent service typically costs between $100-$150 per year. Northwest Registered Agent is a popular service that charges $125 per year and offers several extras such as document scanning and mail forwarding and Harbor Compliance has a basic service starting at $99.
Some entity formation companies, like IncFile, includes registered agent service at no cost for the first year when you register your corporation or LLC with them.
Can a registered agent be changed in Nevada?
If the registered agent changes, the entity is required to file a change of registered agent.
A registered agent can be changed by submitting the Statement of Change of Registered Agent by Represented Entity Form along with the filing fee to the Secretary of State.
In addition to filing the form, be sure to update the operating agreement (LLC) or bylaws (corporation) if your business has them.
