Any registered legal entity in New Jersey including LLCs should have a registered agent (RA) in the state. It’s a law requirement all formal businesses need to observe. Wonder how you can become an RA for your own or third-party venture? Then, keep on reading, or read this article on Outlookindia.com.
What Is a Registered Agent?
An NJ registered agent is an official representative of a legal entity that agrees to receive legal mail on behalf of the company in New Jersey. Legal mail or formal correspondence embraces written communications between a legal person and statutory authorities including:
- Federal, state, and local government bodies;
- Tax departments and agencies;
- Licensing bodies;
- Courts and any judicial services;
- Controlling regulators, etc.
Speaking of legal mail, to be clear, it covers
- Government statements;
- Statutory notifications;
- Tax notes;
- Filing and reporting requests;
- Service of process (lawsuits, summons, claims, court decisions, etc.).
New Jersey RA Requirements
Though an RA is required by law, the state regulations are not too strict or limiting. In fact, those rules are very simple and straightforward. According to Section 42-2C-14 of the New Jersey LLC Act, a registered agent should:
- Be an adult person over 18 years of age or a legal entity entitled to conduct business in the state;
- Have a physical street address in New Jersey (registered address) where service of process and other official documents can be delivered;
- Be consistently present under that registered address to receive the mail in person.
New Jersey RA Role and Functions
Technically, the functions of the New Jersey RA are to:
- Maintain a permanent actual street address in the state. P.O. box can be used only in addition to a real address;
- Be available during common business hours (9 am to 5 pm) on workdays;
- Physically receive the company’s legal mail;
- Promptly notify the business owner of any urgent or vital correspondence and forward the letters if necessary.
While those duties seem like nothing special, a New Jersey RA role is quite important. Most often than not, statutory documents stipulate certain conditions to follow, deadlines to observe, and actions to take.
Should a business owner fail to meet any of the statutory requirements, it will cause penalties and fines to the least. Meanwhile, more serious consequences include administrative company dissolution.
With that, by serving as a point of contact between a legal entity and the state government and tracing the letters and notes that call for an immediate reaction from the company owners, an RA stands on guard for business compliance and good standing with the state.
Appointing an RA in New Jersey
A registered agent is officially designated and empowered as such at the time of submitting the company’s formation documents to the state. Once the LLC’s statute or the corporation’s Articles of Association are approved by the Secretary of State, an RA is legalized.
An RA in New Jersey can be appointed in two ways:
- When filing online via the State of New Jersey’s website; or
- When filing in paper and mailing the documents to the Division of Revenue.
Whatever the registration method, RA data should be entered in the formation documents. While filing incurs a state fee, RA registration is free of charge.
Bottom Line
To become a registered agent in New Jersey, you just need to be an adult resident of the state. No specific training or professional background is required.
To serve as an RA for your own company or other formal entities in the state, simply give your consent to perform that role in the process of the company’s state registration.