Changing an appointed Registered Agent is not a frequent activity in any business. While forming an LLC in Virginia, it is mandatory to appoint a Registered Agent as a point of contact between the state and your LLC. However, there might be some times when changing of a registered agent is necessary. It might be the resignation or termination of the individual.
In Virginia, also known as The Old Dominion, there is a process to change the Registered Agent. In this article, the LLCBuddy editors come up with the methods available to change the registered agent in Virginia. The statement of change can be filed online or offline (whichever method is convenient).
What is Registered Agent in Virginia
The Virginia Registered Agent, appointed by the limited liability company, is a person who receives all the legal documents on your company’s behalf. To become a registered agent in Virginia, one must meet the following requirements,
- The person must be or above 18 years old
- The person has to be a permanent resident of Virginia
- The person should have a legal permit to conduct business in Virginia
- The person must be available during business hours at the designated office address in Virginia
You can also be your own registered agent in Virginia. However, it is not wise to be your own agent as it can divert your attention from the core of your business.
How to Change a Registered Agent in Virginia
To change the Registered Agent in Virginia, one has to file the statement of change of the registered agent. You must pay the filing fee of $0 to complete your application. To file for the Statement of Change of Registered Agent and Registered Office Address with the Virginia Secretary of State, you can opt for any of the following methods:
Online Filing
To file the statement of change of registered agent in Virginia online, you must search for the appropriate online form. You can file your change of Registered Agent statement online if the online form is available through the Secretary of State. Follow the below-given instructions:
- Visit the Virginia Secretary of State’s official website
- Log in to the portal using your credentials.
- On your dashboard, you will find the option to update your documents.
- You will get an online form (or in PDF format)
- Fill out the form (or download it on your PC, then fill it out) with the old and new registered agent’s details.
- Submit (or upload) the completed form to the portal.
- In the next section, you will get payment details (if applicable) and pay the fees using a credit card.
Your online change of registered agent update is done! It takes some time to update the details on the portal. Once it is updated, your new registered agent can start conducting business on your behalf immediately.
Filing Through Mail or In-person
If you want to file the statement of change of registered agent via mail or in person (if available), then you should follow the rules. For in-person or mail filings, you need to download the Virginia Change of Registered Agent Form Request (PDF) from the official website of the Virginia Secretary of State. Complete the form by filling in all the information about the LLC and both (new and existing) registered agents. The form has to be signed by the new registered agent. This will provide the consent of the new agent. Once completed, submit it to the below-mentioned address:
Important Links | Submit Offline Form |
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Change of Registered Agent – Online Virginia Change of Registered Agent Form Request – PDF Virginia Registered Agent – Requirement | State Corporation Commission, Clerk’s Office, P.O. Box 1197, Richmond, VA 23218-1197 |
Fee: The filing fee charged for changing the Virginia registered agent is $0. This fee will be paid to the Virginia Secretary of State by check or credit card.
If you hire a Registered Agent service, filing the Statement of Change would be much easier. Also, the registered agent will help you with the consent letter the new registered agent has to sign. LLCBuddy editorial team suggests a list of the best LLC services that offer registered agent services. Some of them offer standalone registered agent services.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
ZenBusiness Registered Agent – $199 Per Year
Registered Agent Consent Letter in Virginia
The registered Agent’s Consent letter is a document that a new registered agent must submit along with the formation document. It is a statement that the agent submits upon agreeing to work with the LLC. When you change the Registered Agent, you must also submit the consent letter signed by the new agent. In many states, submitting the Change of Registered Agent form does the job; sending any additional consent document to the SOS is unnecessary. However, there are many states where you must submit the consent letter separately and pay a certain fee (if applicable). This consent must include the following details-
- LLC name
- A letter that says the person gives consent to serve the LLC as a registered agent
- The execution date
- Name of the registered agent
- Signature of the registered agent
In Virginia, there is no separate Consent Letter to be produced to the Secretary of State . You must get the Statement of Change of Registered Agent form, fill it out, and submit it to the SOS. The agent must sign the form or self-attest. It is proof that the new Registered Agent has given the nod to provide their services to the LLC. An additional filing fee (or expedited fee) might be charged. Check Virginia Secretary of State for fee details.
BOI Reporting
As per the Corporation Transparency Act, from the 1st of January, 2024, every LLC and any other business entity must file the BOI report with FinCEN. In the BOI Report, the owner(s)’ details must be mentioned. It is to maintain the transparency of the organization. It is not required to mention the change of a registered agent while filing the BOI Report in Virginia. However, it is recommended to maintain a proper process and document for any changes made inside the LLC to maintain transparency under any act.
Why Do You Need to Change a Registered Agent in Virginia
There can be several reasons why LLCs want to change their registered agent in Virginia. Some of the main and most important reasons are listed below,
Be Your Own Registered Agent
A prevalent reason is that if anyone wants to be his/her own registered agent. Any LLC owner can be the registered agent himself/herself as per the Virginia Secretary of State. So, you may want to change the registered agent and become one yourself for your LLC. In that case, you must submit the change form with your details.
Want to Hire a Professional Registered Agent
You may have designated yourself or someone from the family as the registered agent for your LLC in the initial phase. But with expansion in business, your roles and responsibilities also expand. You may not be present at the office during working hours. A registered agent is required to be available in the office. So, you must hire a registered agent who could replace you.
Existing Registered Agent Resigns
If your current registered agent resigns or your service provider is out of business, you can change your Registered Agent in Virginia. You must change the registered agent if the existing one resigns or is out of service.
Forming foreign LLC
This is to be noted that a person is eligible to be a Virginia Registered Agent only if they are the Virginia resident. So, if you are forming a foreign LLC in Virginia, you might need to change your registered agent because not all registered agents are eligible to work in different states.
FAQs
Also Read
- Change Registered Agent in Alabama
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- Change Registered Agent in Delaware
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- Change Registered Agent in Florida
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- Change Registered Agent in Hawaii
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- Change Registered Agent in Indiana
- Change Registered Agent in Iowa
- Change Registered Agent in Kansas
- Change Registered Agent in Kentucky
- Change Registered Agent in Louisiana
- Change Registered Agent in Maine
- Change Registered Agent in Maryland
- Change Registered Agent in Massachusetts
- Change Registered Agent in Michigan
- Change Registered Agent in Minnesota
- Change Registered Agent in Mississippi
- Change Registered Agent in Missouri
- Change Registered Agent in Montana
- Change Registered Agent in Nebraska
- Change Registered Agent in Nevada
- Change Registered Agent in New Hampshire
- Change Registered Agent in New Jersey
- Change Registered Agent in New Mexico
- Change Registered Agent in New York
- Change Registered Agent in North Carolina
- Change Registered Agent in North Dakota
- Change Registered Agent in Ohio
- Change Registered Agent in Oklahoma
- Change Registered Agent in Oregon
- Change Registered Agent in Pennsylvania
- Change Registered Agent in Rhode Island
- Change Registered Agent in South Carolina
- Change Registered Agent in South Dakota
- Change Registered Agent in Tennessee
- Change Registered Agent in Texas
- Change Registered Agent in Utah
- Change Registered Agent in Vermont
- Change Registered Agent in Virginia
- Change Registered Agent in Washington
- Change Registered Agent in West Virginia
- Change Registered Agent in Wisconsin
- Change Registered Agent in Wyoming
In Conclusion
Registered Agents are the most important individuals in an LLC. They must be trustworthy, capable, and efficient to handle all the paperwork and documentation. During your business, you may arrive at a point where you need to change the registered agent. The need may arise when the existing agent wants to quit, or you are terminating the existing agent or expanding your business. Changing the Virginia registered agent can be necessary in various situations.
Changing Registered Agent in Virginia is not a complicated process, however, it is better to get a service provider, such as ZenBusiness. It not only offers the registered agent service at a reasonable price but also offers LLC formation at $0. This article has it all. If you have any queries about changing a registered agent, you can drop a comment below in the box.