Being my own Agent ?

[mike2010]

What is the name of your state (only U.S. law)? Pennsylvania (but business opened in NJ)

I run an online business. (LLC) I'm the only employee , and my sites make money from affiliate commissions.

My previous agent who helped establish the LLC, retired and moved on to another business line. So I currently don't have an agent on file for the LLC.

I'm thinking about being my own Agent, but could I get some pro's and con's in doing so ?

#1 Like legally is it ok to be my own agent? any requirements needed ? I've read a few online sites through the years that it's more normal to have an Attorney as the agent for an LLC.


#2 Somewhat of a side issue : I established the business in NJ , but now live in PA. I don't live in NJ anymore , so this is kind of a separate side-issue when filling out the annual reports to provide a physical address of the business, since my business is an online one and I work from home. My previous agent said this shouldn't matter since it's an online business... but I DO have to provide a NJ address it seems to indicate. What to do about this as well ?

I appreciate any advice, you guys have always been great here.

 

[mike2010]

anybody ...?

I'd really appreciate some feedback. dunno where else to ask.

 

[Sloop John D]

I believe most states require the agent to be located in the same state as the business, so that could be an obvious problem.

I don't have a lot of experience with business entities, but I believe the designating of an agent is mostly for the purpose of receiving service of process in the event that someone wants to take legal action against your company. If you have an attorney in NJ who you normally work with, it would probably be preferable to designate that individual.

Edit: After a quick review, it appears some states might let an out-of-state individual serve as the agent as long as the individual is an owner of the business. Spend some time on google and see if you can find the statute for your state that gives the requirements to be an agent for service of process for a business.

 

[FlyingRon]

A registered agent doesn't need to be an attorney. There are firms that their business is just being registered agents for LLC/corporations. As pointed out, the key purpose of the agent is to provide a place where legal documents can be served. The usual requirement is that the agent has a real location in the state that is available during normal business hours. In your own state you can be your own agent. If you have a corporate entity in another state, you'll need to find someone (either your own business location that's attended) or find a RA (either a lawyer or someone else) to do that.

 

[mike2010]

thx guys.

Edit: After a quick review, it appears some states might let an out-of-state individual serve as the agent as long as the individual is an owner of the business. Spend some time on google and see if you can find the statute for your state that gives the requirements to be an agent for service of process for a business.

Sloop John, it's interesting that you found that info.

I noticed similar scattered info around, but nothing definite.

I've been living in PA for 10 years...while having to have that physical address in NJ the whole time.

I'm starting to ponder whether I should just dissolve the LLC (in NJ) as i've got to file the annual report by 6/30/13 anyway.

If I dissolve it, could I re-establish the LLC with the same name in PA ? This way all the addresses will line up and be in PA...and I could be the Agent without any issue as well.