On this page, you’ll learn about the following:
Maryland Registered Agent Requirements
There are certain requirements to fill the role of a Maryland registered agent:
- The nominee must be more than 18 years old.
- The individual must have a legal, physical address in the state where the LLC will operate.
- The individual must be physically present during normal working hours.
How to Choose a Registered Agent?
When you file your Certification of Formation in Maryland, you must nominate a registered agent. You can either appoint an in-house registered agent (yourself or any LLC member) or outsource to a Maryland registered agent service. You can elect your registered agent online through the Maryland Secretary of State website.
Hiring an Inhouse Registered Agent
When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in Maryland.
Can I be My Own Registered Agent?
Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.
Outsourcing a Registered Agent
You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are the best LLC services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.
What to Consider When Choosing a Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent service typically costs between $50 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents that are received.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company.
Maryland Business Laws for Registered Agents to Note
Registered Agents handle all the business-related legal affairs of your business and other legal issues of a foreign LLC in Maryland. Every state has its own set of established business laws. Maryland also has a well-formed set of business laws to follow. Here are the significant business laws that require mandatory compliance by every business entity.
- Maryland Antitrust Laws: Antitrust laws aim at countering anti-competitive practices in an open market, such as strict punishment and penalties against forming cartels or creating barriers for new entrants in the market. The federal and state laws have established well-formed antitrust laws, known as Maryland Competition Law. These laws are invoked in situations that hint at monopolization of a relevant market domain.
The relevant Antitrust Code Section is dealt with under Maryland Antitrust Act: Section 11-201. The limitation period for bringing in the antitrust claim is 4 years. The state also offers flexibility in filing private lawsuits. A successful plaintiff can also recover the Attorneys’ fee.
- Maryland Deceptive Trade Practices Laws: The State of Maryland aims to protect its residents from unfair business practices. Such practices mislead the consumers into investing in invaluable market products by selling them with twisted statements and lies such as false advertising. The State also forbids the practice of odometer tampering.
Maryland does not follow the Uniform Deceptive Trade Practices Act. It has followed the precedent established by the Common Law and has a specialized Consumer Protection Division. The suit against such practices can be brought by the Consumer Protection Division, Attorney General, and the Consumer.
Upon confirmation of any such prohibited activities, the State imposes a fine of up to $1000.00, actual damages, attorney fees, a misdemeanor of $1000.00, and up to 12 months of imprisonment.
The Registered Agents are the people who act as points of contact between your business and the State Authorities. They assist your business in ensuring compliance with all regulations and codes of the State. Hiring a registered agent in Maryland will help you handle your business in a smooth and legally compliant manner.
How to Remove a Registered Agent for LLC in Maryland
A registered agent for LLC in Maryland can be removed by submitting a Resolution to Change Principal Office or Resident Agent with the Maryland Secretary of State with a filing fee of $25.
If you want to remove your LLC’s registered agent, you need to follow certain procedures. You can file a form to change the Registered Agent of your LLC in Maryland by using the Maryland State Department of Assessments and Taxation. However, it is important to remember that you have to pay a $50 expediting fee if you are using a computer. Also, you will be listed publicly in the state’s database, which some people find intrusive. However, there are registered agent services in Maryland that will solve these inconveniences for you.
First, you need to change your registered office address. This should be an address on the street. It is best to use a street address if possible. Otherwise, a P.O. Box address is not acceptable. Also, your Registered Agent’s address must be a physical location, not a post office box. Make sure that the address of your former registered agent matches that of your new registered agent.
In Maryland, LLCs have to appoint a registered agent to protect their name. You can use your preferred search engine to find an LLC with the same name as yours. Then, you need to know whether any other company has trademarked your chosen name. You can also search for the name of the business on the United States Patent and Trademark Office. If you’re not sure, you can use a service that does this for you.
There are two other methods to change your LLC’s registered agent. You can hire a resident agent service or appoint a friend or family member as the registered agent. While these options do require extra costs, they ensure privacy and timely handling of important correspondence. The articles of organization signal that your LLC has been formed, and you need to register this information with the state. The article of organization is filed online through the Business Express Portal, or you can visit the Department of Assessments and Taxation in Baltimore to get it signed.
When deciding who to appoint as the registered agent, it is important to remember that your agent should be available during business hours. In Maryland, the registered agent must be accessible between 8 a.m. and 5 p.m. Monday through Friday. In addition, your company might expand, and changing your registered agent could be necessary. Your registered agent service will help you make these changes if you need to.
The best and easiest way to change your registered agent in Maryland is to file a Notice of Change of Resident Agent with the Department of Assessments and Taxation of Maryland. The form costs $25 and takes approximately seven to ten business days. For expedited processing, you can pay $50. This will take about seven days. After that, the form will be processed. You can use the same address to change the Registered Agent of your LLC.
In addition to the articles of organization, you may also want to file operating agreements and articles of organization. These are internal documents that form essential agreements between the members. Keep them safe. They may be required by a professional. If your business needs to seek financial services, you may want to keep these documents. You can find a registered agent service in Maryland by searching online. When you’re ready to file, you can then contact the office and notify them of your intentions.
All corporations and limited liability companies doing business in Maryland are required by state law to appoint a Maryland registered agent. Maryland registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.
Before you choose a registered agent for your Maryland LLC, compare their price and services from the table. They will be responsible for all your documentations, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.