What Is An Agent For Service Of Process In California

I of the things you'll need to determine before filing your paperwork to form a limited liability company (LLC) in California is who volition serve as your agent for service of process. The state requires all LLCs to have one, but what is an agent for service of process? What are their duties, and what are the requirements to be 1?

What is an Agent for Service of Process in California?

An agent for service of process (referred to equally a "registered agent" in most states) is an individual or business that is designated by the LLC to receive important legal documents on behalf of the company. This position is crucial to ensure that the correct people inside an LLC are notified in person when there are time-sensitive events, such as service of process for lawsuits. The amanuensis also receives important notices from the country, such as garnishment notices confronting employees, notices of the annual report due dates, and tax notifications.

What does a California Agent for Service of Process do?

California LLCs must designate and maintain an office (which need not exist a place of business) in California (Cal. Corp. Lawmaking § 17701.13(a) where a registered agent will be available during normal business hours to accept any service of procedure, notice, or demand pertaining to the entity and frontward it to the advisable individuals within the LLC.

This office cannot exist merely a Mail service Role box or mailbox service but must be a physical accost in the land of California.

Who can be a California Agent for Service of Process?

By state law, California LLCs must designate and maintain an amanuensis for service of process in California, which may be:

a natural person who resides in California; or
a domestic or foreign (out-of-state) corporation that has filed the required certificate with the California Secretary of State, and otherwise complies with the California Corporations Code, including being authorized to practice business and being in skillful standing in California. Commendation: (Cal. Corp. Code § 1505).(Cal. Corp. Lawmaking § 17701.13(a)(2), (c).).

Tin I exist my own California Amanuensis for Service of Process?

You can be your own agent, as long as you are a resident of California and are fully available during all business hours.

Should you be your ain California Agent for Service of Process?

Although it may seem like the simplest option is to be your own agent for service of procedure, there are some compelling reasons to instead use a registered amanuensis (amanuensis for service of process) service instead, such as:

Availability – An agent for service of process must be bachelor at the principal address during normal business organisation hours. This makes it difficult to leave the function to run errands, see upwardly with potential clients, etc.
Avoiding Embarrassment– If y'all serve as your own agent for service of process and the LLC is sued, yous could have papers served to you at your part in front of clients. Obviously, that could be bad for business organisation.
Compliance Reminders – Some registered agent services (similar ZenBusiness) provide reminders of upcoming land requirements, such as filing annual reports. Forgetting compliance obligations tin get yous in trouble with the state of California.
Penalties and Fees – By non continuously maintaining a current agent for service of process, the LLC may be responsible for penalties and fees, in addition to the potential for administrative dissolution (the state dissolving your LLC).

How is an Agent for Service of Procedure Appointed?

You lot must name your agent for service of process when yous complete the official paperwork with the state to grade your LLC, so you need to decide who your amanuensis for service of process or registered agent service will be earlier you begin that procedure. Of form, you demand to exist sure to inform whomever y'all're appointing and get their permission before appointing them.