CALIFORNIA CORPORATIONS AND LIMITED LIABILITY COMPANIES MUST HAVE A REGISTERED AGENT FOR SERVICE OF PROCESS

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CALIFORNIA CORPORATIONS AND LIMITED LIABILITY COMPANIES MUST HAVE A REGISTERED AGENT FOR SERVICE OF PROCESS

Epps & Coulson, LLP regularly serves as the registered agent for our clients to keep the business in regulatory compliance.  Most businesses, big and small, do not want a process server showing up to serve process at the business.  Epps & Coulson, LLP ensures the privacy and protects personal information from being listed publicly.  As soon as important documents or service of process occurs, Epps & Coulson, LLP notifies the business and can assist in determining how the business should address the issues presented.

What is a registered agent?  They are sometimes called a statutory agent, agent for service of process or resident agent.  Businesses are typically required to list a registered agent in every state where they operate.  The agent is responsible for accepting and notifying the business of service of process or other official state documents served.  If the business is served and the service is lost or unaddressed, the business could be fined or subject to penalties and of course, if a business is served with court process of a lawsuit and that goes unanswered, the business could find itself facing a default judgment and then collection action.

A company’s registered agent must have a current, physical address in the state where the business is located, be available to receive court notices during normal business hours, etc.  While a business owner can serve as the company’s registered agent, always being available to receive court notices during “normal” business hours typically means 8am-5pm Monday-Friday, year-round, no leaving the office during the day, no remote working, no off-site business meetings, no errands, no personal appointments, and most importantly, no vacations.  For that reason alone, most companies appoint a professional as the company’s registered agent.

Also, if while serving as your company’s agent you use your home address, know that it will be made public.  There is no privacy for the agent.  It also can result in the agent’s home address showing up on junk mail lists for marketers who use the agent’s information for marketing.  While serving as your company’s registered agent can save you money, the negative effects may be steep.  Epps & Coulson, LLP serves for $200 a year per business entity, a modest amount that brings peace of mind.  Epps & Coulson, LLP will:

  •      •Help preserve your right to due process and protect you from losing a lawsuit by default.
  •      •Save you the embarrassment of being served legal papers in front of customers and employees.
  •      •Help keep you in good standing.
  •      •Ease the burden of junk mail.
  •      •Give you the freedom to leave the office to take care of other business, run errands or even take a vacation.
  •      •Help keep your personal address from being made public as the agent.

 

Here at Epps & Coulson, LLP, we are here for our business clients and work to maintain their corporate integrity.  Please contact Dawn at: dcoulson@eppscoulson.com if you have any questions.

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is likely considered advertising.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.

EPPS & COULSON, LLP
Attorneys admitted to practice in California, New York, Colorado, Texas, and Oregon
www.eppscoulson.com
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