The Pennsylvania Department of State requires the appointment of a registered agent as part of the formation of an LLC. In Pennsylvania, the registered agent, also known as the registered office or commercial registered office provider, acts as your go-between for correspondence for your business from the state. It’s a position that you can fill, nominate a family member or friend, or enter into a contract with a commercial agent.
The requirement to appoint a registered agent is a mandatory one, and you need to submit proof that you have entered into a contract with the agent as part of registering your LLC in PA. It’s a good idea to choose your Pennsylvania registered office or agent prior to filling out the certificate of organization. Take your time to look over your options, consider their implications, and make your final decision as to who you nominate for the job of registered office.
A registered agent or office in Pennsylvania is an individual or business entity that’s capable of accepting certain types of legal paperwork on behalf of an LLC. However, the state of Pennsylvania doesn’t use the term registered agent. Instead, it uses the terms “Registered Office” or “Commercial Registered Office Provider” (CROP) instead of registered agent.
The state of Pennsylvania requires LLCs to be physically reachable during business hours, but it also recognizes that not all businesses operate during those times. That’s why the state allows the use of a registered office to receive official documents on behalf of an LLC and relieves you of the need to be at your business at all times. A registered office receives paperwork as well as:
The job of the registered office is to accept legal and official documents on behalf of your business, then inform you of their arrival. The registered office holds the documents or forwards them to you in a timely manner through mail or electronic methods.
The requirements to be a registered office in Pennsylvania include:
The requirement for a physical address is firm, and no P.O. boxes are allowed.
Yes, you can be your own registered agent/office in Pennsylvania as long as you live in the state and meet the qualifying criteria. However, the state requires a registered office to have operating hours from Monday through Friday and have someone available to receive paperwork from 8 a.m. to 5 p.m. daily. You may prefer to retain our registered office service at Tailor Brands so you can free yourself from the need to be in the office every day. Our service allows you to go about your daily business and leave your office or operations without worrying about keeping your door open for service processors.
If you intend on being available at all times during business hours, you can act as your own registered office in Pennsylvania. In order to be a Pennsylvania registered office, the state requires you to:
It should be noted that in the event the registered agent can’t be served, the secretary of the business will be served at the listed address for the business. If your secretary can’t be reached, you won’t get served with court documents and are at risk of having a default judgment entered against you.
You appoint a registered agent when you form your LLC. That is, you include the name and mailing address of the registered office or CROP on the certificate of organization that you submit to the Pennsylvania Department of State for the formation of your LLC.
Consent or a contract is required from the registered agent or CROP before you go ahead and list them on your certificate of organization. Once you have obtained consent or entered into a contract, you can list them on the certificate of organization and submit it to the Pennsylvania Department of State by mail or online. The address for submitting the certificate of organization is the same as the address for changing your registered office listed below.
You can change your registered office online or by mail. The change requires filling out the appropriate form and mailing it with a check for $5 to:
Pennsylvania Department of State
Bureau of Corporations and Charitable Organizations
P.O. Box 8722
Harrisburg, PA 17105-8722
Make sure to read the form instructions prior to filling out the fields. The DOS has specific information requirements that ensure the change in registered office is processed correctly, and you receive confirmation that the change was made.
If you want to submit your form online, you can go to the website of the Pennsylvania Department of State and follow the instructions to create an account. Follow the instructions for submitting the form electronically and enter your payment information for processing the change of registered office.
The DOS prefers a typewritten form as opposed to one written out by hand. You can type in the PDF form provided by the DOS and save a copy for uploading or print it out for mailing. If you enter the information by hand, make sure it’s clear and legible and use black or blue ink.
Checks need to be made out to the Department of State and have a commercially pre-printed name and address. Counter (unprinted) checks won’t be accepted.
The likelihood of being served with papers or receiving government paperwork is small, but not negligible. Using a Pennsylvania registered office service allows you to run your business and not worry about being available for a process server or delivery of important papers. You can relax and enjoy the knowledge that there’s someone taking care of these issues on your behalf.
Listing yourself, a friend, or a family member as a registered office exposes personal information to the public at large. You’re required to list a name and address when you nominate the registered office, and that information is available to the public. A simple corporate records search reveals this information to any seeker. Utilizing a registered office service provides you with privacy and makes it harder for someone to find out personal information.
As previously mentioned, Pennsylvania state law requires you to have a registered office for your LLC. You can be your own registered agent, but if you’re unable to comply with the registered office requirement, you can use Tailor Brand’s services for a registered office instead.
A CROP keeps a compliance calendar on behalf of your business and reminds you when filings such as the annual report are due. The CROP can also help you file them and keep your business in good standing.
In the event you’re served with a lawsuit, the CROP will inform you of the service and make sure you get your court paperwork in time for you to respond. This also avoids the embarrassment of being served in front of a client.
One of the advantages of utilizing a registered office is the ability to take care of your needs as they arise. You may need to leave your office at the last minute to visit a client, take a planned vacation or travel on behalf of your business, and step outside to take a break. All of these require the closing of your office, especially if you’re the only one available.
Using the services of a registered office/CROP reduces the amount of paperwork you have to keep track of, complete, and file in a timely manner. The registered office maintains your compliance paperwork to keep your business in good standing. That includes generating the reports, providing them for your review, and submitting them to the PA DOS as required.
In turn, you know that your business won’t run afoul of the state’s requirements for maintaining a good standing. Your business avoids the fallout that comes with a lack of good standing because there is someone there to take care of it for you.
The registered office requirement is part and parcel of forming and operating an LLC in Pennsylvania. You can opt to be your own registered office, or you can enter into a contract with a CROP that’s registered with the state. There’s a clear advantage to using a CROP because it frees you from the need to be available for correspondence during the weekday and business hours.
Contracting with a registered office or CROP to act on your behalf frees you from your office with the added benefit of maintaining compliance without effort. You can rely on the registered office to keep your business in compliance with the state’s reporting requirements. In turn, you get to focus on your business and get peace of mind knowing that your business is staying on the right side of Pennsylvania business law.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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