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.
On this page, you’ll learn about the following:
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.
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,
- 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 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.
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.
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.
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, LegalZoom Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you might get registered agent service at a low cost.
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.
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,
- 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.
When it comes to running a Limited Liability Company (LLC), there are various roles and responsibilities that come with it, including having a registered agent. A registered agent serves as the point of contact for the LLC and is tasked with receiving legal documents and important communications sent on the company’s behalf. However, there are certain situations where removing a registered agent for an LLC in Virginia may become necessary. In this article, we will explore the steps involved in how to remove a registered agent for an LLC in Virginia.
Firstly, it’s essential to understand the reasons why you would want to remove a Registered Agent. There are several instances where you may wish to replace or remove the Registered Agent, including:
1. The registered agent is no longer associated with your company or has lost interest in the business.
2. The Registered Agent is not fulfilling their duties or is not responding to clients’ and legal entities” attempts to contact the LLC.
3. Your business has moved its office to another state and needs to appoint a registered agent accordingly.
If any of these factors apply to your LLC, it may be necessary to seek to remove the Registered Agent.
Now onto the steps involved in removing a Registered Agent:
1. Review the Articles of Organization:
The Articles of Organization provide important information regarding the procedures and requirements involved in appointing or removing a registered agent. Make sure to refer to this document to ensure that you are following the guidelines and requirements put forth there.
2. Resignation by the Registered Agent:
If the registered agent wants to resign, they must submit the resignation in writing. The written note should contain the name of the business, its filing number, as well as the name and signature of the Registered Agent.
3. Filing Changes with the Virginia State Corporation Commission:
If the Registered Agent changes incorporate considerable company changes such as a new agent, such an appointment, then you must indicate the change on the Virginia State corporation commission database SO using the correct forms after paying a few fees. Since a registered agent simplifies the process of reaching out to an LLC, let alone identifying them with the particular name you sent correspondence to before, filing Withdrawal of registered agent’s change helps incoming information take a directed course promptly.
In conclusion, having a registered agent is necessary for businesses in Virginia, as they play a critical role in ensuring that an LLC operates efficiently and effectively. However, if you need to make changes to the appointment of the Registered Agent, seek counsel from reputable service agents like DoMyLLC and make use of all aspects of bringing a change while observing the non-negotiable aspect- compliance. Follow the above steps to ensure that the process goes smoothly for both parties while avoiding legal consequences later on, as the state oversees all Virginia association’s mode of operation. Finally, seek professionals’ help to get desired regulatory services to avoid any compliance defaults as they arise.
The Virginia Secretary of State must receive the RA change application form in order to change the registered agent in Virginia. You may send this in the mail or do it online. Request Form is required for the mailing procedure. . In Virginia, changing a registered agent will not cost you anything.
In Virginia, it is simple to register as an agent. You must be above 18 and a resident of the state in order to register as an agent. In Virginia, being a registered agent doesn’t call for a special educational background.
A registered agent in Virginia may be anybody. Any person who meets the requirements, including your spouse, family, LLC members, and you, may act as the registered agent. The applicant must be a resident of Virginia and an adult in good standing.
You must submit the RA Change Form with the new address specified if you want to change a registered agent’s address in Virginia. There are two ways to submit the form: online and via mail. A request Form is required for the mailing procedure. You must deliver this paperwork to the Virginia SOS.
You must go to the Virginia Secretary of State’s website to locate a company’s registered agent. The option to search for the company by name will be provided. You may choose the registered agent’s name after entering the company name to see the data.
In Virginia, a company’s registered agent is in charge of obtaining any necessary notifications and licenses as well as serving any necessary processes. In Virginia, it is required to have a registered agent. In Virginia, you have the option of using a professional or acting on your own.
By providing their information at the time of Virginia company registration, registered agents may be designated. The formation paperwork has a part where you must provide information like the name, address, and phone number of the designated registered agent. Please include your personal data if you are acting as a registered agent.
These actions must be taken in order to look for a registered agent’s address:
1. Access the Virginia Secretary of State’s website.
2. Look up a business using its name
3. Verify the address list and the Registered Agent section.
You may then look for the Virginia registered agent’s address in this manner.
Visit the website of the Virginia Secretary of State to look up a company. The “Search” option may be found. A company’s name and the name of the registered agent may both be used in a search. To acquire the information about your company, choose “registered agent” and input the name of your registered agent.
You must meet three requirements in order to be a registered agent in Virginia. The first requirement is that you must be older than 18 years old. Second, you have to be a state resident. You must, therefore, have a Virginia street address. Lastly, you need to be able to legally do business in Virginia.
In Virginia, it is simple to locate a corporation’s registered agent. Visit the Virginia Secretary of State’s website to complete this. Visit the Business Search menu. You may search for a company using its name by choosing the Look up by name option. You may look up the registered agent information after you have the company.
A registered agent in Virginia must write a letter of resignation to the business that they are currently working for if they wish to quit. The Virginia Secretary of State shall receive a resignation notification along with the resignation letter after a certain period of time, confirming the registered agent’s departure.
The Virginia Secretary of State must receive the RA Change Form in order to update a registered agent in Virginia through the internet. Not all states provide an online system for changing a registered agent. To see whether the online option is available, visit the Virginia SOS website.
In Virginia, there are three methods to get a free registered agent. Becoming your own registered agent is the first option. Second, if any member of your family, partner, or acquaintances is appointed as a registered agent. Finally, some businesses specialize in company creation that provides free registered agent services in Virginia.
A Virginia registered agent is simple to find online. The Virginia Secretary of State’s official website must be accessed. The “search by name” option is available if you know the company name. You may investigate a registered agent’s information from the list when you discover the firm facts.
The Request Form should receive the Registered Agent Form for the Commonwealth of Virginia. You must choose a registered agent for your company and provide all of their information on the formation paperwork when you register it. Send it via mail to the aforementioned address.
In Virginia, you must have a registered agent for your business. However, you can run into legal issues if your firm doesn’t have a registered agent. As a result, it’s crucial to work with a registered agent in Virginia (although you may also act as your own registered agent).
Your business won’t have a registered agent if a registered agent passes away. A registered agent for your business is required in Virginia. If he or she passes away, all of the power will be lost. Companies must immediately inform the SOS if their registered agent changes or is replaced.
Whether or whether the name of the registered agent may be concealed cannot be answered with certainty. In certain states, it is permissible to keep the names of LLC owners or members private. If your LLC is anonymous, that may happen. The registered agent’s name cannot be concealed in several states. Verify this with the Virginia Secretary of State’s company registration rules.
Call (804) 786-0000 to find out who the registered agent is in Virginia. The Virginia Secretary of State’s regular business hours are 8 am to 5 pm (central time). To contact the division you’re searching for, dial this number and follow the instructions.
The consent of a registered agent is a statement in writing that the agent is prepared to act as the company’s representative. In Virginia, whether you appoint a new registered agent or replace the existing one, the newly appointed agent must get the SOS’s approval.
Between a registered agent and a resident agent, there is no such distinction. The resident agent is another name for the registered agent in Virginia. Generally speaking, a resident agent is referred to as a registered agent. Several states refer to agents as residents.
In Virginia, if a person is appointed as a registered agent without their agreement, there may be a legal consequence and obligation placed on the person making the appointment. Furthermore, they are free to refuse any obligations imposed by the procedure.
Yes, even if your Virginia corporation lacks a registered agent, you may still file a lawsuit against your LLC. Any corporate entity in Virginia may be sued in a number of ways. Another method of suing the firm will be available if no one is available to accept the court filings.
In Virginia, the designation may be accepted or rejected by a registered agent. The statement of rejection may be signed and sent to the Secretary of State in order to reject the designation. On the SOS website, you may get the declaration of refusal.
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.