What is a Registered Agent in Louisiana and How to Appoint One for your LLC

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If you’re starting a business in Louisiana, a limited liability company (LLC) is likely one of the legal structures you’re considering. LLCs are popular in Louisiana thanks to their liability protections for business owners combined with a more flexible management structure compared to traditional corporations.

But there’s an important requirement that comes with forming your Louisiana LLC – appointing a registered agent. This resident agent will be responsible for receiving crucial legal documents and notices on behalf of your business.

Failing to designate a registered agent can lead to the involuntary termination of your LLC status with the state. So it’s not a step you want to overlook when forming your company. In this comprehensive guide, we’ll explain everything Louisiana business owners need to know about choosing the right registered agent to keep their LLC compliant.

What Is a registered agent and why do you need one?

Also known as a resident agent or statutory agent, a registered agent is a person or business entity that agrees to accept service of process and official documents on behalf of your LLC.

Acting as the legal representative for your company, your registered agent has several important duties:

  • Receiving legal documents and notices for your business and forwarding them to you promptly
  • Keeping your current official business address on file with the Louisiana Secretary of State
  • Formally accepting any service of process or subpoenas if your LLC is sued
  • Reminding you when reports and paperwork are due to the state to stay compliant

Without a registered agent on file, your LLC risks missing crucial legal notices, deadlines for paperwork, or even entire lawsuits filed against your business. And in Louisiana, failure to stay compliant with all requirements can lead to the involuntary termination of your company’s legal status.

Some examples of important documents your registered agent will accept on your LLC’s behalf include:

  • Lawsuits or legal proceedings
  • Tax forms and notices
  • Official correspondence from the Secretary of State
  • Business license renewals
  • Payroll notices and forms

By having a registered agent to receive these crucial documents, you avoid the risk of missing important mailings that could impact your company’s good standing.

So having a registered agent to handle this paperwork is not just helpful – it’s mandatory in the state of Louisiana. Appointing one is part of the process of legally forming your LLC.

Requirements for a registered agent in Louisiana

Louisiana has set certain standards in its business corporation laws for who can serve as a registered agent within the state. Here are the basics:

  • The registered agent must be an adult age 18 or older. Minors are not legally eligible to serve in this role.
  • A key requirement is that the agent have an actual physical address within Louisiana where they can receive mail and legal notices for your business. Out-of-state agents are not sufficient.
  • To properly accept deliveries on behalf of the LLC, the registered agent must be accessible at their listed Louisiana address during standard daytime business hours of 9-5pm.

In addition to meeting those qualifications, the designated person or company must formally agree to take on the registered agent duties for your LLC. Their consent is given when your articles of organization are submitted.

While nothing prevents LLC members from designating themselves as the registered agent, this means listing your personal home address publicly. Most businesses prefer to use a third-party service to keep their residence private.

How to appoint a registered agent in Louisiana?

When putting together your articles of organization to officially form your Louisiana LLC, you’ll provide the name and complete street address of your registered agent. Here are some ways to take care of this:

The fastest and most convenient option is using the state’s GeauxBiz portal found at sos.la.gov. You can complete the full LLC formation, including registered agent designation, online in a streamlined process. The $100 state fee can be paid immediately by credit card.

You can go the more traditional route of printing off the Articles of Organization form and filling it out by hand. Be sure the registered agent information is complete and matches their valid Louisiana address. Mail the form along with your $100 payment.

Part of the process involves your designated registered agent formally consenting to act in that capacity for your forming LLC. Their consent is provided automatically when the articles are submitted to the state.

Take care that the name and address provided for your initial registered agent are completely accurate. Any future changes will require an amendment form and fee.

Be sure to follow up with the Louisiana Secretary of State after submission to confirm they have your current registered agent on file. You want to verify it was recorded accurately.

How to change my registered agent in Louisiana?

Over time as your business grows, you may find yourself needing to update the registered agent information on file, whether due to moving locations or seeking a new service provider. Here is the process to change registered agents for your existing Louisiana LLC:

You can download the Change of Registered Office or Agent form. Fill it out with your new agent’s verified Louisiana address. The mailing address for submitting your form is on the bottom. The fee is $25 to process registered agent changes.

Another option is to bring your completed change form in person along with the $25 processing fee. This can be handled during business hours at the Commercial Division office of the Secretary of State.

The state does allow official changes to your registered agent to be faxed in. However, you’ll still need to pay the $25 administrative charge by mail or in person following submission of the fax.

Be sure to follow up and confirm the Secretary of State has processed your registered agent changes. You don’t want to rely on old information getting forwarded after changing agents. Allow 3-5 business days for processing.

Can I be my own registered agent in Louisiana?

A common question that comes up when starting an LLC is: can I just be my own registered agent? The answer in Louisiana is yes – the state allows LLC members to designate themselves as the official registered agent if desired.

However, there are some important drawbacks to keep in mind if choosing this route:

  • Your home address will become a matter of public record. It will be searchable on the Secretary of State website. This raises security concerns.
  • As a busy entrepreneur, you likely don’t have staff available at home to accept courier deliveries during all normal business hours. Important notices could be missed.
  • Handling all legal paperwork and annual filings yourself takes time away from focusing on growing your business. It’s also easy to accidentally miss crucial deadlines.

While entirely legal, being your own registered agent comes with risk. Most Louisiana businesses find it beneficial to use an outside registered agent service instead.

Benefits of using a Louisiana Registered Agent service

Partnering with an experienced third-party registered agent service provides some great advantages for your Louisiana LLC.

Peace of mind to deal with your small business

With a professional agent handling your business address, you can rest assured that during normal business hours any legal documents sent will be received and forwarded to you promptly. No more worrying about missing notices that impact your company’s good standing.

A reputable registered agent will also maintain detailed records in case you ever need to prove compliance or filings for your business. Having access to this documentation provides valuable peace of mind.

Compliance with the state law

Seasoned registered agents are experts on all the latest LLC rules and regulations. They’ll remind you when reports and forms are due and some can even file them for you. This prevents any accidental lapses in compliance that could put your business at risk.

Your registered agent can also double check that all necessary licenses, registrations, and permits are up to date for your type of business.

Flexibility

If you travel frequently or run a virtual LLC without a physical office space, a registered agent offers location flexibility for receiving official documents so you don’t have to be present personally.

Even if you have a physical business location, your registered agent address covers you during all normal business hours for accepting important mail and legal proceedings on behalf of your company.

Reduces paperwork

By formally agreeing to accept service on your LLC’s behalf, your registered agent cuts down on the time-consuming procedures involved when your business gets sued, audited, or receives subpoenas.

Your agent will handle the proof of service requirements and can provide notifications of any legal actions by certified mail as well. Less headaches for you!

Ready to choose your Louisiana registered agent?

We hope this guide has helped explain the role of a registered agent and the process for designating one when starting your Louisiana LLC. Don’t leave it until the last minute! Appointing your registered agent is an important compliance step to address early when forming your business.

The team at Tailor Brands has years of experience guiding new entrepreneurs through LLC formation and remaining compliant after launch. We offer registered agent services starting at just $125/year to keep your business in good legal standing.

Interested in learning more? Reach out now to see how we can save you paperwork as your dedicated Louisiana registered agent.

FAQs

No. Louisiana law requires all LLCs based in the state to designate a registered agent on file with the Secretary of State. Failure to appoint one can result in administrative dissolution of your company.

Registered agent fees vary, but you can expect to invest around $125-$150 per year for a basic registered agent service. Look for companies that offer bundled discounts on additional compliance filings.

Unfortunately, no. One requirement in Louisiana is that registered agents must have an address within Louisiana to receive service of process and legal notices for in-state LLCs. Out-of-state agents are not sufficient.

Your agent can receive legal proceedings, tax forms, license renewals, official state correspondence, payroll forms, and any other important mailings for your LLC. Having an agent prevents you from missing crucial notices.

Expect it to take 3-5 business days for the Louisiana Secretary of State to process and update your registered agent changes in their system. Follow up to confirm.