Utah Registered Agent: If you wish to start a Utah LLC, you have to appoint a registered agent. According to Utah State Law, it is mandatory to have a Utah 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 Utah, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Utah Registered Agent.
On this page, you’ll learn about the following:
What is a Utah Registered Agent
A registered agent (or a statutory agent or a resident agent) in Utah 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 Utah 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 Utah, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Utah
You may have several options for hiring a registered agent in Utah. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Utah can represent your LLC as your registered agent.
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 Utah 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,
- 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.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Utah
You can choose a Utah 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.
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 LegalZoom Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.
What to Consider While Choosing a Utah 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 Utah
At the time of submitting the Utah Certificate 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.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Utah LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Utah by mail, you need to download the Utah 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 Utah Certificate of Organization.
Cost of a Utah 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 Utah.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get registered agent at a low cost.
How to Change a Registered Agent in Utah
To change the Utah registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Utah Secretary of State via mail or online.
For online filing, you need to get the online form, which is available on the Utah 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.
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Utah Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Utah Division of Corporations & Commercial Code
P.O. Box 146705
Salt Lake City, UT 84114-6705
1-day Mail (overnight): Utah Division of Corporations & Commercial Code
160 East 300 South, 2nd Floor (or 160 East Broadway)
Salt Lake City, UT 84111
How to Pay: The filing amount is payable to the Utah 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 Utah Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Utah. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Utah 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 Utah to publicly upload their address to the Utah 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 Utah 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 Utah 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.
Utah Business Laws for Registered Agents to Note
An LLC’s most significant member is the registered agent. When forming an LLC, owners must select an appropriate agent; otherwise, the secretary of state may impose penalties. Naturally, they must obey state regulations while selecting an agent. Each state has its unique set of corporate restrictions, including Utah. Only a resident of the state would be aware of the limits and be able to provide services within the state. The following business laws apply to Utah registered agents:
Utah Antitrust Laws
State antitrust laws prevent corporations from colluding to acquire an unfair competitive advantage in the consumer market. These regulations will also attempt to prevent monopolies by prohibiting certain mergers and acquisitions. Utah law authorizes private persons and the state attorney general to file antitrust actions against businesses in order to enforce these rules. A person may be able to recover attorneys’ fees and the expense of the litigation if they are successful.
Utah Civil Statute of Limitations Laws
Every state has passed legislation governing the time limits for bringing a civil action against another person or entity. “Statutes of limits” refers to these laws. If you file a lawsuit after the time restriction has passed, your claim will be barred, and the defendant will be declared the winner. Based on the legal idea of “tolling,” the time limit to sue can be extended for a variety of reasons. In most cases, the clock stops when you reach the age of majority, which in Utah is 18 years old.
Utah Deceptive Trade Practices Laws
While Utah has not yet embraced the Uniform Deceptive Trade Practices Act, it has established many statutes prohibiting merchants from willfully misleading purchasers under its Consumer Protection and Criminal sections. These regulations ban everything from mislabeling food to tampering with the odometer on a used car.
Utah Interest Rates Laws
Interest rate rules vary by state and depend on the type of credit or loan involved. These regulations are intended to assist consumers to avoid debilitating debt and dissuade predatory lenders by limiting the amount of interest a creditor may charge. Without a contract, Utah’s maximum interest rate is 10%, and asking more than the legal rate (known as “usury”) is a crime.
Utah Pyramid and Ponzi Schemes Laws
The Pyramid Scheme Act makes pyramid and Ponzi schemes unlawful in Utah. A pyramid scheme is a type of sales device or strategy in which a person makes an essentially useless investment in exchange for others investing and bringing in other investors, so continuing a chain of people. Participating in, organizing, developing, promoting, or running a pyramid scheme is illegal in Utah. Under Utah’s Consumer Sales Practices Act, pyramid or Ponzi schemes are likewise considered deceptive acts or practices.
Utah Wage and Hour Laws
Pay and hour rules give employees various rights in order to ensure that they are paid a fair wage. The Fair Labor Standards Act (FLSA) contains federal wage and hour rules that set basic standards that state laws cannot go below. States have the authority to create their own wage and hour rules as long as they don’t conflict with the federal FLSA. Utah has decided to set its own minimum wage.
How to Remove a Registered Agent for LLC in Utah
A registered agent for LLC in Utah can be removed by filing a Registration Information Change Form with the Utah Secretary of State with a filing fee of $15.
First and foremost, it is vital to firmly grasp the role of a registered agent in an LLC. A registered agent primarily acts as the LLC’s representative, receiving legal and official documents on behalf of the business and ensuring its compliance with the state’s requirements. The registered agent is expected to provide a stable point of contact for all official communications, such as legal notices, tax forms, and service of process. Consequently, the process of removing or replacing a registered agent should be approached with careful consideration to avoid disrupting important administrative and legal procedures.
To initiate the removal of a registered agent, the first step is to consult the LLC’s operating agreement. The operating agreement typically includes provisions regarding the removal process, specifically outlining the steps to take. Carefully review the agreement to determine the specific requirements and procedures, ensuring compliance before proceeding further.
In the absence of explicit instructions in the operating agreement, it is crucially important to consult the Utah state laws pertaining to LLCs. Title 48, Chapter 2, Section 202 of the Utah Code specifies that an LLC can remove a registered agent by filing a statement of change with the Division of Corporations and Commercial Code (DC3). This statement should include the necessary details, such as the LLC’s name, the effective date of the change, and the name of the new registered agent.
Moreover, it is essential to notify the current registered agent that they will be removed from their position. As a professional courtesy, communicate with the registered agent and inform them about the impending change. This step also provides an opportunity to reconcile any potential misunderstandings or grievances, fostering a professional working relationship.
Once the proper documentation is prepared and the current registered agent is informed, you can proceed with filing the statement of change. This should be submitted to the DC3, either online or by mail, along with any required fees. Importantly, always double-check that the submitted information is accurate and up to date, as any errors may result in delays or complications during the process.
After the statement of change is filed, Utah state laws require providing a copy of the document to the outgoing registered agent promptly. This is to inform them officially of their removal and replace them with the newly appointed agent.
Overall, it is crucial to remain attentive to both the legal requirements outlined by the state and the provisions stated in the LLC’s operating agreement. By adhering to these procedural obligations, you can smoothly remove a registered agent for an LLC in Utah, ensuring minimal disruption to the business’s operations and a seamless transition to a new registered agent.
In conclusion, removing a registered agent for an LLC in Utah necessitates clear understanding and adherence to the state laws and the LLC’s operating agreement. By following the outlined steps, you will be well-equipped to take the appropriate actions, effectively removing the agent while upholding the necessary legal compliance required for a smooth transition in the process.
It is possible to switch the registered agent in Utah. You must download, complete, and submit an application for a RA change to the Secretary of State online, by mail at Utah Division of Corporations & Commercial Code, P.O. Box 146705, Salt Lake City, UT 84114-6705, or by fax, depending on which option is most convenient for you. In Utah, it will cost $15 to change the registered agent.
In Utah, you must fulfill a number of conditions to become a registered agent. Being legally an adult (18+) is one of the most crucial requirements. You must also live in Utah, which is another condition. You may register as an agent if you satisfy these requirements.
A registered agent in Utah might be your spouse, any other LLC members, close family or friends, or you. Being an adult (18 years or older) and a resident of the state are the two essential requirements. If you are capable of doing so, being a registered agent should not be difficult.
A registered agent’s Utah address may be changed without any difficulty. The Utah Secretary of State’s website has the RA Change Form, which you must file. Please enter the new address in the form. You may submit it in one of three ways, depending on what is most convenient for you: online, via fax, or by mail to Utah Division of Corporations & Commercial Code, P.O. Box 146705, Salt Lake City, UT 84114-6705. Address changes could incur a charge.
On the Utah SOS website, you may look up a company’s registered agent. When searching, use the company name if you know it. Get the firm you’re searching for, and then use that to find the registered agent’s contact information.
It is required by law in Utah that your business have a registered agent. Any legal documents, including notifications, permits, and processes, must be served on your registered agent, who is also in charge of receiving any legal actions brought against the business at his registered address. During business hours, he or she must be accessible at their desk.
At the time of company registration, firms are required to provide their name, address, and contact information to formally designate a registered agent in Utah. For the registered agent, there is a distinct section in the articles of incorporation. In Utah, a registered agent is chosen in the manner described above.
You must go to the Utah Secretary of State’s official website to look for a registered agent’s address in Utah. The following procedures may be used to seek the registered agent’s address:
1. Access the Utah SOS website.
2. Use the business name to get information about the firm
3. Look for the list of registered agents’ addresses
The registered agent’s address will be simpler to locate this way.
The name of a registered agent may be used to look for a company in Utah. Access the official website of the Utah Secretary of State. Look for “Business Search” under the menu. The option to “Search by the registered agent” is located in the search section. A registration agent’s name should be entered after choosing the choice. The company name will be yours.
The major prerequisites for becoming a registered agent in Utah are that the applicant is at least 18 years old and have a Utah physical address. It is possible for someone or anything to serve as the registered agent if they are a state resident and are at least 18 years old.
In Utah, you must go to the Utah SOS to check for a registered agent for a company. Select Business Search from the main page. To search for a company if you know the corporate name, input it. To get information, choose the registered agent option.
If a registered agent must provide a formal resignation letter to the business, they were acting. A letter of resignation must be sent to the Utah Secretary of State through the mail, fax, or online once it has been approved by the employer. The notification must be delivered within the allotted period.
Through the Utah Secretary of State’s website, you may make changes to a registered agent there. Make sure the online method is accessible to you before continuing, however, before moving further. RA Change Form should be sent if not.
A free registered agent is available in Utah. You won’t need to physically pay yourself anything if you act as your own registered agent. You might perhaps avoid paying if your partner or a friend joins an agency. Finally, in Utah, you may choose a free registered agent service that is competent and reliable.
You must go to the Utah Secretary of State to find out more information on the registered agent in Utah. “Search Business” will be an option you have. By using its name, you may search for your company. The information for the registered agent may be found on the list while you wait for the results.
The registered agent is not given a separate form in Utah. Businesses that are registering their business must choose a registered agent and send their information via the formation paperwork. The formation paperwork must be sent by mail to the Utah Division of Corporations & Commercial Code, PO Box 146705, Salt Lake City, UT 84114-6705.
It is necessary to notify the Utah SOS if your firm does not have a registered agent there. Legal issues might arise since every firm in Utah has to have a registered agent. You may need to act as the Utah registered agent if there isn’t one.
In Utah, all of the agent’s authority is lost in the event of death. Having a registered agent is required in Utah. Consequently, the business must choose or replace a new registered agent. A registered agent might also be a manager, an official of the business, or the owner.
There are regulations regarding company registration in Utah. Whether you visit the Utah Secretary of State, you can find out if you may keep your registered agent’s name off the public platform or not. A member’s identity may be concealed if the organization is an Anonymous LLC.
Call the Utah Secretary of State’s office to get the registered agent information. The official hours are 8 a.m. to 5 p.m. Make a connection with the executive by dialing 801-530-4849. Receive the information according to the caller’s directions.
A person’s agreement to act as a registered agent in Utah constitutes their acceptance of that role. In Utah, the newly appointed person has to submit his/her consent before starting the service of process.
In Utah, a resident agent and a registered agent are both equivalent titles. The terms “resident agent” and “registered agent” are both used in certain states but not in the majority. All states follow the same designation, appointment, and registration procedures.
If Utah registered agent declines, the business risks facing legal repercussions for making a false declaration. The registered agent, on the other hand, has the right to refuse any obligation imposed on them as such.
It is still possible to bring a lawsuit against a firm even though it has no registered agent in Utah. The only issue is that the corporation and the ability to receive legal notification are not being represented by an agent. However, there will be an alternative method of sending the notification, and the lawsuit will proceed.
The application for the rejection must be submitted in Utah by the registered agent who wishes to reject the designation. Simply signing the declaration of rejection and mailing it to the Utah Secretary of State is all that is required. Like accepting the designation, it is comparable.
Before you choose a registered agent for your Utah 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.