What to Know About LLCs and Registered Agents in the State of Nevada
There are specific rules and regulations for LLCs and any other types of corporations that are filed in Nevada. The most important is that they have a registered agent that is on the public record and serves the purpose of accepting legal notifications, documents, and all types of services of the process from the Nevada Secretary of State’s office.
There are some rules that preside over who can perform this important duty on behalf of corporations and other entities. First of all the registered agent must have a physical location with a street address in the State of Nevada and be present there during regular working hours. The state of Nevada recognizes these registered agents and keeps a directory of all those that have carried out the proper criteria.
The Nevada registered agent working on behalf of you and your company will have the responsibility of receiving all documents and notifications from the government including litigations, annual filing notices, and any other important documents. Furthermore, they may perform other important services such as forwarding these documents, providing a virtual office, and maintaining an officer’s address.
Choosing a Registered Agent for your Nevada LLC
Before you can begin filing the Articles of Organization as discussed in the next section, it will be essential that you choose a registered Nevada Agent for your LLC.
A Registered Nevada Agent is a person or a company that has the responsibility of accepting service of process and other important legal mail on behalf of your LLC. This is important just in case your business is served any such notifications.
Your Registered Agents Nevada address will also be used by the Nevada Secretary of State as the primary contact point for sending and official notices to the company you have registered. According to the laws, this must be a street address as a regular PO box will not be enough.
The Registered Agent in Nevada must also be prepared at all times of the regular working day to accept any Service of Process that could arrive. This means they must be available between the hours of 9 AM and 5 PM to accept subpoenas, summons, and complaints.
The Registered agent working on behalf of your LLC is an essential part of what allows the courts and legal system to function. By requiring that all businesses and LLCs have a registered Agent in Nevada, the courts can ensure that all court documents are delivered and properly accounted for.
This function is a lot like the ‘certified mail return’. In the legal world, this same concept ensures that the process servers, those that will be delivering legal documents, will create a record of what documents are sent and who receives them.
Can I act as My LLCs Registered Agent in Nevada?
There is no law that prevents you from being your own registered agent working in Nevada. All you need is a registered street address. This means that if you are a resident of Nevada or even another state, if you have a registered street address here in Nevada you can be your own registered agent
Actually, there are several different options for you when forming your own LLC in Nevada.
Option 1 – Be your own Registered Agent in Nevada, but there are some caveats.
Option 2 – Your LLC can act as its own Registered Agent.
Option 3 – you can list one of the members of your company or organizations as your LLC’s Registered Agent
Option 4 – You can have one of your friends, family, or acquaintances as your Registered Agent.
Option 5 – You can hire a professional Nevada Registered agent to perform this important task for your LLC
Registered Agent Information is Public Record in Nevada
While you may have your friends or family be your Registered Agent, or even take on this role yourself, there may be reasons you don’t want your address registered on public records.
Remember that the information you choose to submit in the LLC’s Articles of Organization will go on the public record of the Secretary of State in Nevada. This means that the information you submit will soon be available to whoever searches for them and even duplicated on other websites. Once this happens, it is only a matter of time before the information is further published on other websites offering the same type of information and the process is sure to repeat itself.
Pretty soon your registered address will be available to whoever chooses to search for you with any search engine. But, this can all be avoided by considering a different choice of Registered LLC in Nevada.
What’s the best Registered Agent option for you?
Option #1 (You):
If you have no problem being made known soon through all public records and pretty soon through a standard Google Search, being the Registered Agent of your own LLC is not a bad option for you.
Option #2 (Your LLC):
You will find a measure of privacy if you use the name of your LLC as the Registered Agent. Of course, if you are operating your business out of your own home, then the LLC registered address will be your home address.
Option #3 (Office or company position):
Pretty much the same as option 2, and with a little more privacy than option 1, option 3 will allow one of the members of your staff to be the Registered Agent of Your LLC. This could be a secretary, office manager, or the president of your organization.
Option #4 (Friend or family):
If you don’t have an address that you can register in the state of Nevada, one of the other options will be to ask a friend or family member in Nevada if they will perform this task for you. Just remember that they will have to be present at this location during business hours (9 am-5 pm every Monday to Friday)
Option #5 (Registered Agent Service):
There is another option for those who don’t have a street address in Nevada or would simply rather not use the one they have. There are professional services who can fill the position of a Registered Agent in Nevada. This is the best way to enjoy full privacy and avoid submitting your name or personal address for your LLC’s Articles of Organization.
Nevada Registered Agent Service
A Nevada Registered Agent, also known as a Commercial Registered Agent, works to receive the Services of Process on behalf of your LLC. This will typically come at a price, most services will charge between $100 and $300 annually.
Risks of being your own Registered Agent in Nevada
You can, of course, handle this task for yourself, but there are some things to consider.
The risks are not especially high, but if they were to occur they could result in the State Department stripping your LLC of its liability protection and even shutting down your LLC if it fails to meet compliance laws.
This could happen if you have failed to “continuously maintain” your Registered Agent on file. Or, this could happen if your Registered Agent is unavailable if the Division tries to reach them for any reason.
Furthermore, if your registered agent fails to comply with an order, you may face a fine of up to $1000, under Chapter 77 section 420.
Furthermore, if your Nevada Registered Agents are not present when the process server attempts to contact them, the courts may proceed without your knowledge and this could be unprofitable.