Yes! Any individual, owner, member, officer, director, etc., of a business entity that meets the state of West Virgina registered agent requirements can be a registered agent.

Provided one of the members or officers live in West Virginia, it is less expensive to act as your own agent rather than hiring a service. While this is the route many businesses take, there are a few reasons to consider hiring a service.

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 knowing 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.

Availability – West Virginia 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.

Due Date Reminders – Registered agent services provide annual report reminders and updates on any state requirements.

If you act as your own registered agent, there is no cost.

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.

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 West Virginia, 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.

Entity Closure – Waiting too long to remedy the lack of a registered agent may result in the administrative closure or dissolving of the entity, which will strip the owners of personal asset protection should the business be sued.

If you act as your own Registered Agent, there is no cost. Depending on the services provided, a commercial registered agent typically costs between $100-$150 per year. Northwest Registered Agent’s service is $125 per year and offers several extras such as document scanning and mail forwarding.

Some entity formation companies, like IncFile, include a Registered Agent at no cost for the first year when you register your corporation or LLC with them.

The only liability a registered agent faces is from a lack of timely transmission of correspondence. If the registered agent is negligent in sending documents promptly, and the entity suffers a financial loss, the registered agent is responsible for paying those damages.

Unless the registered agent is also authorized to sign on behalf of the entity, they are not legally allowed to sign.

Only entities registered with the West Virginia Secretary of State, such as corporations and LLCs, need to register a registered agent. Sole proprietorships and general partnerships do not.