Do Both Registered Agents Llc Need To Be In Court Lawsuit Georgia

If yous're forming a limited liability company or corporation in the state of Georgia, you'll need to designate a registered amanuensis.

A registered agent is the private or business entity that receives legal documents from the state, and then forwards them to your business address. Just why is this a requirement, and who should you designate as your registered amanuensis in Georgia?

In this guide, we volition intermission down all the details you need to know about Georgia registered agents.

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What is a Georgia Registered Amanuensis?

One of the most common questions we receive from entrepreneurs in Georgia is why a registered agent is required to course an LLC or corporation. While it might seem similar an unnecessary middle-man blazon of role, the registered agent fills a vital role.

The registered agent's job is to provide a reliable way for the land to contact an official representative of your business at any fourth dimension, which is specially important if your business is ever sued. If you didn't have a registered amanuensis, a lawsuit could progress through the courts without you even knowing about it, which is obviously far from ideal.

While Georgia does not provide a recommended list of registered agent services, we reviewed the top options and compiled a list of the best Georgia registered amanuensis services based on price and overall value.

Who Can Be a Georgia Registered Agent?

According to the Corporations Partition of the State of Georgia, the registered amanuensis of an LLC or corporation may be an owner, shareholder or officer of the entity, although it is not required. In Georgia, many entities select their chaser to serve equally their registered agent or they hire the services of a commercial registered agent for an annual fee. Individual residents, domestic business entities that reside in Georgia, and foreign corporations or LLCS that are authorized to do business in Georgia may besides qualify to serve equally a registered amanuensis. In all cases, the designated registered agent must have a physical street address in Georgia rather than a post function box or "mail drib" system.

Bated from the legal requirements, an important attribute to discuss is who should be your registered agent. You have the right to declare yourself every bit your own registered agent, which has its pros and cons.

On the positive side, you can save some coin by not paying anyone to serve as your agent, but yous'll too likely need to make your home address a thing of public record, which is non ideal. Additionally, yous'll need to be physically present at your business during all standard operating hours (9-5, Thou-F).

Some entrepreneurs like to have a friend or family member serve every bit their registered agent, just if that person doesn't have feel in this position, they might not know what is expected of them. In add-on, designating your lawyer or accountant as a registered amanuensis can work, just these options are unremarkably quite expensive.

Our preference is to hire a professional registered agent service, which provides a combination of convenience, affordability, and peace of mind that is unrivaled by whatsoever of these other options.

How Practise Georgia Residents Get Served?

The most important office of a registered agent's role is existence served a summons.

In the state of Georgia, for a lawsuit to begin the plaintiff must offset file a complaint or petition with the Clerk of Courtroom. The summons may be processed when the courtroom receives the complaint along with the defendant's address (or address of the defendant's registered agent), and either a notarized affidavit of poverty or a filing fee. The filing fee is determined by the specific courtroom, and tin exist institute on the plaintiff'south local clerk's part.

If these steps are all taken correctly, the country of Georgia will send a sheriff of the county, his deputy, or any denizen of the United States who has been specially appointed past the courtroom to serve a summons to the defendant's registered agent.

How to Designate a Georgia Registered Agent

The respond to this question depends on what type of business you lot're starting, but with either a corporation or an LLC, you'll demand to designate your registered amanuensis when you grade your company.

If y'all're forming a company in Georgia, you lot'll demand to designate your registered agent when y'all complete either the Transmittal Information form for Georgia Corporations or the Transmittal Information form for Georgia Express Liability Company depending on the type of concern entity you are opening. While the forms may be completed and mailed into the Corporations Division of Georgia'due south Function of the Secretary State, they may also be completed online through this link.

While information technology is not necessary to obtain the designated registered amanuensis's signature on the certificate, by signing and submitting the form the business concern entity certifies that information technology has received the registered agent's permission to be listed.

How Can I Change My Georgia Registered Amanuensis?

If you lot would similar to change your registered agent for any reason, the procedure is pretty simple.

All you need to do is complete and submit either the Amended Almanac Registration for Corporation or the Amended Annual Registration for LLC depending on your business entity's blazon. The forms tin can exist mailed or completed using the Corporation Division'due south e-filing platform which can be constitute at this link.

Alternatively, if information technology's time for your company to file its almanac registration, you may designate your new registered agent on that document.

How Does a Georgia Registered Agent Resign?

Sometimes, a registered agent may have to resign from their position.

Current Georgia registered agents wishing to stride down from their appointment may do so past completing the Statement of Resignation of Registered Agent. The form is free to submit and unremarkably processes in 5-7 business days.

Why Should You Hire a Professional Georgia Registered Agent Service?

Hiring a professional person registered agent is basically the best of both worlds betwixt serving as your own agent, and designating a lawyer or auditor.

Privacy

The biggest do good in our opinion is the privacy protection this allows, as you volition be able to go on your personal address individual. There's also a major reward compared to having an attorney or auditor serve as your amanuensis, namely the fact that registered agent services are almost always much cheaper.

Professional person Service

Another reason we similar this option is that these companies specialize in providing quality registered agent service. They know exactly what'south expected of them, and at that place are rarely any bug to speak of.

Nationwide

The other major benefit of hiring a registered amanuensis service is that near of them operate in all 50 states, and so that if yous ever desire to expand your business into some other state, you lot won't demand to hire an additional registered amanuensis. Your aforementioned registered amanuensis will be able to provide the coverage you demand in your new state, while still providing the same service in Georgia. If you hired a lawyer or accountant, they would but exist able to assist you lot expand to a new country if they have another physical office in that state.

Yous Stay Compliant

Finally, most professional person registered agents operating in Georgia offering some sort of compliance calendar. With this service, your registered amanuensis helps you keep track of due dates for ongoing LLC maintenance requirements similar annual reports, which is a valuable bonus.

The top registered agent service providers include some other appealing attributes, including admission to their extensive customer support networks. Some of them include a full year of registered agent service with any business organisation formation bundle, which tin can exist a real coin-saver. Another welcome attribute is that some registered agent services provide volume discounts if you require service in multiple states, or if you prepay for multiple years.

What Is the Penalty for Not Designating a Registered Amanuensis in Georgia?

You need to have a registered agent to class your limited liability company or corporation in Georgia in the get-go identify, but if yous allow your registered agent service lapse, there could be some serious consequences.

Failure to maintain a registered agent could lead to your business losing its good standing with the state of Georgia, and the country also has the right to officially dissolve your LLC if they choose to.

Another issue would be the difficulty of existence served if your business is sued. If the state cannot get ahold of your registered amanuensis, a court may decide to go ahead with the lawsuit without your knowledge, which could even pb to a judgment against you. This can happen non merely if you fail to designate a registered agent, merely also if your agent is not nowadays during business hours to accept the document delivery.

Conclusion

As you can see, the chore of designating a registered agent for your Georgia business isn't quite equally like shooting fish in a barrel equally merely writing downwards your own name.

There are significant downsides to but about every option in our opinion, but we recommend hiring a professional registered agent service because that selection has the fewest disadvantages. They charge affordable rates, and you never have to worry about losing your proficient standing, having your LLC or corporation dissolved, or having a lawsuit go on in your absenteeism.

If you accept whatever further questions, y'all can contact the Georgia Secretary of State:

Brad Raffensperger
Office of the Secretarial assistant of State
2 Martin Luther Rex Jr. Dr
Suite 313, Floyd W Tower
Atlanta, GA 30334-1530
(404) 656-2817