Registered Agent in Minnesota and How to Appoint One for your LLC

Minnesota states map registered agent in Minnesota

If you are the owner of a small business or on the cusp of starting an LLC in Minnesota, be mindful of the need for a registered agent in Minnesota. A registered agent service is an essential component of small business and LLC operations.   

This is your inside look at the important role of Minnesota registered agents.

The Basics of Registered Agents

Minnesota registered agents are individuals or companies designated to be the recipients of legal mail. As an example, a registered agent can receive service of process on behalf of your LLC. 

The underlying purpose of a registered agent is to provide a reliable and official means of communication between outside parties and your enterprise.

Consider a situation in which your business is served with a legal complaint that constitutes a lawsuit. The process server who serves the complaint delivers it to your Minnesota LLC’s registered agent as opposed to your business. 

It’s at this point in time that the Minnesota court system consider your business to be legally served.

It’s the duty of the registered agent to forward the notice of lawsuit directly to your LLC.  Moreover, registered agents also forward mail to businesses. When operating efficiently, such documents are served securely and in a timely manner. 

In addition to legal documents and mail, registered agents are required for LLCs and corporations in Minnesota to forward tax forms and official government documents. As an example, Annual Reports are forwarded from registered agents directly to LLCs.

Requirements for a Registered Agent in Minnesota

In order to be a registered agent in Minnesota, the party must be 18 years of age. The applicant must also have a USPS address within the state of Minnesota. A P.O. box will not suffice. 

Heads of LLCs and corporations should be aware that a registered agent is necessary in each state where business is conducted.

If the applicant is not an individual, it must be a business entity that has received prior authorization to conduct business within the state of Minnesota. As an example, it’s possible to appoint a separate business as a registered agent for your Minnesota LLC. Such a business can be another LLC or a corporation with a business address that matches that of the registered office address of the enterprise. 

If the entity is foreign-owned or outside of the state of Minnesota, it won’t qualify as a registered agent unless previous authorization has been obtained to operate within Minnesota state lines.

Moreover, the registered agent must be present at the listed address to accept legal complaints that constitute official service of process on behalf of the Minnesota LLC. The registered agent is required to be present during regular business hours of 9 to 5, Monday to Friday. 

LLC owners in Minnesota should be aware that it’s legal to name a friend or family member as the business’s registered agent. Alternatively, you can pay for a professional commercial agent.  Moreover, there is the option of naming yourself as your business’s registered agent, meaning you’ll be served notices of lawsuits in person on-site.

If you determine it’s best to name a private citizen as the LLC’s registered agent, the individual’s business office address should be listed. The business office address is synonymous with the registered office. It’s this office that the Secretary of State or those who desire to communicate with the business will contact in order to communicate with the enterprise

How to appoint a Registered Agent in Minnesota?

If you recently formed a business in Minnesota, you are empowered to name your registered agent on your enterprise’s formation paperwork. The registered agent is named on the articles of incorporation for newly-formed entities. 

New LLCs in Minnesota name registered agents on articles of organization. If your business is from outside of Minnesota, you are required to designate a registered agent within the state as soon as your register for conducting business within state lines.

Appointing a registered agent in Minnesota is as easy as making an online appointment to file with the state’s Secretary of State. Filing online costs $25. If you prefer to file in a more traditional manner using USPS, submit the required items with payment made payable to the MN Secretary of State. 

Filing by USPS snail mail is cheaper, with a cost of $10. The catch is that filing through the USPS will take longer, typically necessitating 30 to 35 days for processing including return mailing.

The documents are to be sent to the following address:

Minnesota Secretary of State – Business Services
First National Bank Building
332 Minnesota Street, Suite N201
Saint Paul, MN 55101

How to change my Registered Agent in Minnesota?

If you decide to change your registered agent, don’t fret. The process to change a Minnesota registered agent isn’t as laden with nearly as much red tape as many assume. 

Simply file the change of registered agent form with the state’s Secretary of State, Business Services office. The form can be sent by fax at (651) 297-7067. 

You can also submit the change request form in person or by mail at the following address:

Minnesota Secretary of State – Business Services
First National Bank Building
332 Minnesota Street, Suite N201
Saint Paul, MN 55101

The cost to change a registered agent in Minnesota differs by method. A Minnesota business that has already registered online and later files the notice of change in person is required to pay $55. The fee is applicable to all Minnesota LLCs, corporations, nonprofits and cooperatives. 

If the business is a foreign entity registered to conduct operations in Minnesota, the change fee is $70, whether filed on the web or in-person. Such an entity is required to pay $50 for a change request sent by mail. A foreign LLC permitted to do business in Minnesota pays $55 in-person or online and $35 for a change by mail.

Can I be my own registered agent in Minnesota?

Indeed, it’s possible to be your own registered agent in the state of Minnesota. However, the majority of LLC owners in Minnesota choose to hire a formal registered agent service. 

The upside to the do-it-yourself approach is that it costs nothing to be a registered agent for one’s own LLC. However, there is pressure in serving in the capacity of a registered agent in Minnesota as the party must be on-site and willing to accept service of process throughout business hours.

Benefits of using a Minnesota registered agent service

Wouldn’t it be nice if an outside registered agent accepted process of service pertaining to lawsuits on your LLC’s behalf?  Such is the benefit of using a private registered agent service that is off-site. 

Compliance with the state law

Choosing a Minnesota registered agent service also ensures your business’s street address is not listed on public record.  If you don’t like the idea of your business’s name and address being listed on the publicly accessible Minnesota Business Filings Search, opt for a professional registered agent. 

Moreover, a registered agent service includes a no-cost annual report filing along with an operating agreement. 

Flexibility

Add in the fact that you won’t have to be present at your office to accept service of process during business hours and there is all the more reason to outsource the work to a service.  This way, if you have a business trip, family vacation or are sick, you won’t run the risk of missing service of process.

Reduces paperwork

Selecting an outside party as your registered agent also prevents the additional responsibility of accepting notices and mail from the Minnesota Secretary of State. Simply let your registered agent service handle all the relevant paperwork on behalf of your business and you’ll be liberated to focus on making money.

A Registered Agent is a must, but does not יave to be difficult

It’s easy to overlook the need to appoint a Minnesota registered agent for your LLC. Though enlisting the assistance of a registered agent might seem unnecessary, it’s an integral component of conducting business. 

Choose a registered agent service with a track record of success and you’ll outsource this integral responsibility in full confidence. As is often said, past behavior is the best predictor of future performance. 

Whether you choose to serve as your LLC’s own registered agent or hire a registered agent, it’s your decision to make. Recognize the merits of a registered agent service in Minnesota, lean on the experts and you’ll sidestep penalties and fees.

If you need further assistance, we’re here to help you along the way.

FAQs

Indeed.  Minnesota law requires that every business entity within the state has a named registered agent.  Moreover, foreign entities within the state must also have a registered agent.

If desired, it’s possible to list the registered agent’s address when completing filings. The logic in such an approach is to ensure one’s private home address or business address are not listed on public records.  However, LLCs in Minnesota find it’s more convenient to have two distinct addresses, one for the business and one for the selected registered agent.

You need to have a distinct mailbox dedicated to USPS mail. However, some mail will inevitably be sent to your registered agent’s mailbox. The mail sent to your registered agent intended for delivery to your LLC will be forwarded to your business.

The process server serving the summons and complaint about the lawsuit delivers it to the registered agent’s listed address. The registered agent then signs the process server’s paperwork to prove he or she accepted the summons and complaint on behalf of your Minnesota LLC. The registered agent then notifies your business of the process of service.

If your LLC is never served with a lawsuit by a process server, be thankful. However, you still need a registered agent service in Minnesota.  In addition to accepting process of service, Minnesota registered agents also forward mail, tax documents and other correspondence. Registered agents also provide updates regarding business reports that must be submitted to the state.