Frequently Asked Questions (FAQs)
Below are the most Frequently Asked Questions (FAQs). If you do not find the answer to your question, please give us a call at 775.782.6587.
1. What exactly is a Registered Agent (aka Resident Agent, Statutory Agent or Corporate Agent)?
A Registered Agent acts on a company’s behalf in receiving legal documents such as Service of Process (i.e., Lawsuits, Liens, Subpoenas, etc.), Annual Reports, Tax Correspondence, and other mailings from regulatory agencies.
2. Why do I need a Registered Agent?
Nevada law mandates that every Nevada Company filed with the Secretary of State have a Registered Agent. That includes all Corporations, Limited-Liability Companies (LLCs), Limited Partnerships (LP) and other corporate entity types. The Registered Agent is a matter of public record and is listed with the Secretary of State.
3. What happens if I do not have a Registered Agent?
Failure to designate and maintain a Registered Agent may cause a company to fall out of “Good Standing” within Nevada. This will subject its license to do business in Nevada to forfeiture, with monetary penalties assessed to reinstate the company to “Good Standing” again. The failure to register and designate a Registered Agent may also foreclose or hinder a company’s ability to legally enter into contracts and gain access to Nevada courts. It may also subject the company to monetary, civil, and possibly criminal sanctions.
4. What does a Registered Agent do?
The Registered Agent has the primary responsibility for receiving Service of Process (notices of litigation) for your corporation. Service of Process means that you have been served with a writ, complaint or summons to appear in court, so it’s imperative that these documents be received in a timely manner. Other documents often sent to the Registered Agent may be franchise tax documents or annual reports required by the State of Nevada.
5. Why is a Registered Agent important?
The role of a Registered Agent, is an important one. Let’s say your company gets served with legal papers. You have 20 days to respond to the legal papers. If you miss that deadline, the person suing you can win his case without you ever knowing about it. If you do not respond to the person suing you, a default judgment can be entered against your company. If your Registered Agent is on vacation and fails to send you the paperwork, you could be in trouble.
Don’t risk late fees and penalties, or worse yet a default judgment simply because your company could not be served and failed to respond to a court order in the time prescribed by the law.
6. So, who can be a Registered Agent?
There are few restrictions regarding who can be a Registered Agent other than that the person or company must be located and available at a physical street address within the State of Nevada during normal business hours. A post office box does not constitute a physical presence by statutory requirements. It is important that you select a reliable company when choosing your Registered Agent.
7. Can I act as my own Registered Agent?
Yes, you can act as your own Registered Agent as long as you live in Nevada. However having a Registered Agent saves you from potentially being served with legal papers in front of your family, clients, neighbors or vendors. You will also appreciate having a professional Registered Agent service to track and notify you of annual reports being due and other filings that you may have to periodically file.
8. Why do some Companies charge hundreds of dollars a year to be a Registered Agent?
Most incorporating companies appointed themselves to be the Resident Agent and never give business owners a choice. After the first year, they charge an annual fee and the business owners are unaware that there are other options. We believe that charging hundreds of dollars a year for Resident Agent services is taking advantage of business owners.
9. Do I Have A Choice Of Who My Registered Agent Is?
Since a Registered Agent is appointed upon the formation or qualification of every company, your existing company is already using a Registered Agent. Often, the person selecting the initial Registered Agent, such as an attorney, an accountant, or commercial incorporator does not relay to the client that they have a choice of Registered Agents. Unfortunately, many times this results in you receiving over-priced services. The good news is you may request a change of Registered Agent at any time. Whenever you are dissatisfied with your Registered Agent, you may change to a different one.
The decision to change Registered Agents is most commonly based on several important considerations including client service, service of process handling, types of services offered, and pricing. A significant portion of our client base had previously been using other Registered Agents until they learned about our company and subsequently decided to change to Nevada Discount Registered Agent.
10. How Do I Change My Registered Agent?
The process to change Registered Agents is very simple. Just complete the Nevada Change Form and submit it to your new Registered Agent. It is very simple and quick to do. If you decide to change your Registered Agent to Nevada Discount Registered Agent, we will prepare and file the necessary form and remit the Secretary of State fee to the State of Nevada so you have No Additional Paperwork or Loss Of Time. We value your business and commit to extra mile service that will make you happy with your decision to use Nevada Discount Registered Agent.
11. Why would any Nevada based Company hire a Nevada Resident Agent service instead of acting as their own Registered Agent?
Most companies choose to use a professional Registered Agent, such as Nevada Discount Registered Agent, for numerous reasons including:
- Privacy – Avoid having your clients, vendors, or employees encounter a Sheriff or Process Server serving claims at your place of business. For home-based companies, keep your residential address private and not a matter of public record.
- Compliance – Nevada Discount Registered Agent provides clients with a Reminder Service so that you aren’t late for critical filings which simplify the maintenance of corporate compliance with Nevada laws and filing deadlines.
- Efficiency – Make sure that the right person receives any legal documents in a timely manner to protect your company from any delays that could result in a default judgment against your company.
- Adaptability – Save money by not having to pay State fees to update your Registered Agent information each time your company experiences growth and moves.
- Accountability – A professional Registered Agent does not travel or go on vacation, change or terminate employment, or relocate out of Nevada.
Remember: If your Registered Agent is not reliable, you might even lose your Company’s status and pay considerable penalties.
12. What is a Company’s Registered Office Address?
Registered Office is defined as the official address of a company, like us, to which official documents are sent and legal notices received. It is normal for the Registered Agent to provide the Registered Office address. A company may have other business and correspondent addresses.
13. How is Mail Forwarding Different with a Nevada Registered Agent?
According to postal regulations over mail forwarding services, you are required to complete a PS Form 1583 and many instances require “PMB” in the mailing address. This stands for Post Mail Box. It tells the sender of the mail that it’s going to be redirected to some other location. Registered Agents are exempted from this requirement.
14. Do I Need A County Business License?
If your Corporate Office is based in Las Vegas, Reno or Carson City, you will be required to obtain a County Business License Every Year. The applications require Social Security Numbers and reveal Ownership Information! If you form your company with Nevada Discount Registered Agent, Inc., you are not required to obtain a County Business License. Your Stockholders or Members privacy is protected.
15. Does A Foreign Corporation Have Obligations Other Than NRS 80.190 In Order To Transact Business In Nevada?
Pursuant to Nevada Revised Statutes [NRS 80.190 et seq.] each foreign corporation shall, not later than the month of March in each year, publish a statement of its last calendar year’s business in two issues of a newspaper, published in Nevada, that has a total weekly circulation of at least 1,000. If the corporation uses a fiscal year instead of calendar year, the statement must be published no later than the end of the third month following the close of each fiscal year.
The statement just include the name of the corporation, the name and title of the corporate officer submitting the statement, the mailing or street address of the corporation’s principal office, and the mailing or street address of the corporation’s office in Nevada, it one exists.
We recommend using Nevada Legal Press. Their fee is $30.00 and includes publishing your Annual Statement in two issues of their newspaper and a Certification of Publication for your records.
16. And finally, Why Should You Choose Nevada Discount Registered Agent, Inc. As The Registered Agent For Your Business?
We have devoted an entire page to answering this question. Please click the link above.