In United States federal law, a registered agent is an individual or company designated to get the service of process through legal proceedings like a lawsuit or complaint. The registered agent plays an important role in the proper functioning of a court proceeding. The registered agent plays an intermediary role between the parties. It is his duty to ensure that legal documents are signed on behalf of the client and that the legal process is pursued in the prescribed manner. He also prepares documents and executes them on behalf of the client.
A registered agent must have the consent of the client. Otherwise, he is not legally permitted to act on behalf of the client. He cannot act on his own behalf and can be held personally liable if the client is not satisfied with the service. The statutory agent must be a resident of the state and act in accordance with state statute. His duties are limited to those prescribed by law.
It is the duty of the registered agent to prepare and file all pleadings, documents, and answers in all matters coming under the jurisdiction of the court. He forwards the papers to the registrar and keeps a record of the same. All documents must be properly filed and the statutory duties of the agent include attending all depositions, trials, and other proceedings relevant to the domain. He prepares all paperwork needed for the case and forwarded copies are to the parties involved. He even presents the pleadings to the judge or court.
The registered agent also receives many states’ tax notices. He forwards the state notice and receipt to the receiver. He also files all necessary papers and attachments with the state tax authority. Attorneys are paid on the basis of fees received from filed lawsuits. Therefore, it is very important to register your agent and pay all taxes in due time.
Registered agents also receive many federal and state government correspondence. They forward all such documents to their clients. They also answer queries from the public regarding laws and policies applicable in their area of work. These include filing personal information, responding to requests for information, filing annual reports, serving papers, attending hearings, and other related duties. They may be asked to draft reports or papers and forward them to the concerned office.
There are two types of registered agents. One is the general practitioner and the other is the local practitioner. The general practitioners perform all tasks that are required by the state. On the other hand, the local practitioners only perform the tasks that are local to his area. The general practitioners should have a physical address and should receive legal notices and faxes from the state.
If you operate a small business, you should register your agent and pay the appropriate tax in one state and have your business operation in another state. If you operate a corporation, you should have one registered agent who actually resides at the address specified and pay the appropriate tax in that state. Examples of these businesses are partnerships, LLCs, and S corporations. However, you should note that if you set up a partnership, your partners should have a street address that matches the street address of your registered agent.
Every state has its own set of rules on how registered agents should perform their duties. However, the most common is having a registered agent who is a resident of the state. This person is authorized by the law to represent the interests of the corporation and reports to the court. He is responsible to inform the corporation about the activities of the business and handle any legal issues that come up. A registered agent does not have the authority to act in the name of another person and cannot receive legal notices from the court.