Best Virginia Registered Agents 2022 (How to Add Self as RA)


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Virginia Registered Agent: If you wish to start a Virginia LLC, you have to appoint a registered agent. According to Virginia State Law, it is mandatory to have a Virginia Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.

In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Virginia, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Virginia Registered Agent.

What is a Virginia Registered Agent

A registered agent (or a statutory agent or a resident agent) in Virginia is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.

When you file the Virginia LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Virginia, you can go for two options, hiring an in-house registered agent or outsourcing the service.

Hiring a Registered Agent in Virginia

You may have several options for hiring a registered agent in Virginia. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Virginia can represent your LLC as your registered agent.

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Who Can Be a Registered Agent

  • The person must be above 18 years old.
  • The person must have a legal and physical address in the state where the LLC will operate.
  • The person must be physically present during normal working hours.
  • Anyone who fulfills the above requirements can act as a registered agent.
  • Recommended – You should use a professional registered agent in Virginia always.

Can I Be My Own Registered Agent

Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.

Why You Shouldn’t Be Your Own Registered Agent

Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,

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  • If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
  • A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
  • The registered agent’s address must be up to date in the Secretary of State portal.

It is recommended to outsource the registered agent service to ease your work. As it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.

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How to Choose a Registered Agent in Virginia

You can choose a Virginia Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.

In-house Registered Agent

As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.

Outsourcing Registered Agent Service

You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.

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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. If you are forming your LLC from scratch, then with Northwest Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.

What to Consider While Choosing a Virginia 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 typically costs between $99 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. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
  • 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. Check out the best Registered Agent Services to consider for this job.
  • 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. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.

How to Appoint a Registered Agent in Virginia

At the time of submitting the Virginia Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.

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Appoint Registered Agent Online

To appoint a registered agent online, you have to go to the Virginia LLC Online Filing page and provide the information of your Registered Agent accordingly.

Appoint Registered Agent By Mail

To appoint a registered agent in Virginia by mail, you need to download the Virginia LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Virginia Articles of Organization.

Cost of a Virginia Registered Agent

The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Virginia.

Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, Northwest Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you will get registered agent service free for 1 year.

How to Change a Registered Agent in Virginia

To change the Virginia registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Virginia Secretary of State via mail or online.

File Online

For online filing, you need to get the online form, which is available on the Virginia Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.

Fee: No Fee

Request For Paperform

You can request a paper form from the Virginia Secretary of State. You need to go to the Online Form Request page on the portal to get the list of forms. Find the Change of Registered Agent or Office form from the list and request. You will receive a paper form to register your newly appointed registered agent.

How to Pay: The filing amount is payable to the Virginia secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.

Why Do LLCs in Virginia Need a Registered Agent Service

There are several reasons why a business should appoint a registered agent in Virginia. Some of the most important reasons are listed below,

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  • Confidentiality: Having a registered agent service in Virginia ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
  • Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
  • Privacy: It is mandatory for businesses in Virginia to publicly upload their address to the Virginia Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Virginia SOS and not yours.
  • Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
  • Online Safe Backup: Every registered agent in Virginia or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
  • Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.

Virginia Business Laws for Registered Agents to Note

State business laws are implemented and imposed to protect the business from any sort of fraud. Like each state, Virginia also has some state-bound business laws. For setting up an LLC, a registered agent must be chosen appropriately. He or she is the person who needs to be familiar with the state regulations. Below given are the business laws that a Virginia registered agent needs to adhere to:

Virginia Antitrust Laws

For violations of the Virginia Antitrust Act, which has a four-year statute of limitations, either the state Attorney General or private litigants may pursue suit (or one year after an action by the Attorney General). The Act outlaws the following practices, which are analogous to federal antitrust laws:

  • Any trade or commerce restrictive contract, combination, or conspiracy
  • Any scheme, alliance, or attempt to monopolize trade or commerce is illegal.
  • Discriminatory charging for the same goods or favoring one customer over another are examples of discriminatory behaviors.
Virginia Civil Statute of Limitations Laws

The word “statute of limitations” refers to laws that limit the amount of time a person has to launch a lawsuit (or start a civil court procedure). The clock usually begins ticking at the time of the incident. The statute of limitations in Virginia is very typical, with a two-year limit for personal injury, libel or slander, and fraud. Claims for trespassing, loss to personal property, and signed contracts have a five-year statute of limitations.

Virginia Deceptive Trade Practices Laws

A deceptive trade practice is a marketing, promotion, or other act intended to deceive consumers, as the name implies. The Virginia Consumer Protection Act of 1977 prohibits false advertising, automotive odometer manipulation, and other deceptive practices, although it does not follow the Uniform Deceptive Trade Practices Act. Violations may be brought by individuals, commonwealth lawyers, and the state attorney general.

Virginia Interest Rates Laws

The rate of interest a creditor can charge is capped in Virginia, as it is in most other states. Unless a contract states otherwise, the state’s maximum is 8%, and most lender contracts do. Revolving credit accounts (credit cards, for example), student loans, banks, credit unions, national banks, and mortgages are also excluded under Virginia law. 

How to Remove a Registered Agent for LLC in Virginia

A registered agent for LLC in Virginia can be removed by filing a Statement of Change of Registered Office and/or Registered Agent with the Virginia Secretary of State without any filing fee.

If you own an LLC in Virginia, you may need to change your registered agent at some point. There are a few reasons you may need to do this, including moving out of state or leaving the company. Another reason is that you no longer want your registered agent’s contact information to be published in public records. Whatever the reason, there’s an easy way to change your registered agent.

In Virginia, all businesses and LLCs must appoint a registered agent. The initial appointment of a registered agent is made when an entity is formed, but the agent can be changed at any time if you wish. However, sole proprietorships and general partnerships do not need a registered agent.

If your business is not headquartered in Virginia, you can still register a resident agent. This agent can be an individual, family member, or business entity. In Virginia, the filing fee is $100. You can pay the fee online or through the mail. However, it is important to be sure that the person you choose is not registered with a different name than the one you are using.

Changing the registered agent for an LLC is a relatively simple business maintenance process. In most states, a business owner must hire a new agent, file a Change of Registered Agent form with the state, and cancel the service with the old agent. Most states charge a fee to file the form, and the process varies for each state. If you’re not sure how to change your registered agent, check out your state’s table and learn more about the procedure.

A registered agent service is an important part of business compliance in Virginia. It helps ensure that all important documents are handled properly. You should choose the service that gives you the features you need and is affordable. The registered agent should be able to fulfill all of your business needs and should be able to provide the quality of service you need.

When forming an LLC in Virginia, make sure that the registered agent is located in the state where the business is registered. Having a local Registered Agent is important if you have a number of locations. You will need to notify the Secretary of State if you change your address or relocate outside the state.

In Virginia, it is important to remember that you cannot hold a legal action against yourself if you are a non-resident. You cannot maintain a legal action against yourself if you have a non-resident agent. If the other party is sued and you don’t receive the mail, a default judgment will be entered against you. This default judgment will be difficult to set aside.

If you decide to remove a registered agent for your LLC in Virginia, it is important to choose one that is available during business hours. You don’t want to choose someone who has a home address that the business will be using for correspondence.

FAQ

Do you need a Registered Agent for your LLC in Virginia?

All corporations and limited liability companies doing business in Virginia are required by state law to appoint a Virginia registered agent. Virginia registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.

Who qualifies to be a Registered Agent?

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.

Why you should not act as your own Registered Agent?

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 for mailing and other official purposes. This might harm your privacy. Hence, it is recommended to outsource the RA service. Also, if you outsource it to professionals, it will be hassle-free.

In Conclusion

Before you choose a registered agent for your Virginia LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.

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