How to change your California registered agent?

Registered Agent in California

A registered agent in California can be an individual or a firm, which is hired or designated by a business entity for the purpose of receiving service of process documents and notices, government correspondence, and different types of compliance-related documents on behalf of the said business entity. Some of the best California registered agents also provide a wide variety of services focused on business requirements like assisting with new business formation or existing business amendments, filing of Statements of Information, and helping obtain California certificate of good standing and federal tax ID among others. Whether you are hiring a new registered agent or planning to change a California registered agent, it is important to understand in detail the responsibilities and benefits you can derive by designating a registered agent.

What is a registered agent in California?

If you are thinking of forming a business corporation or a limited liability company in California, you will be required to designate a registered agent according to the California Business Codes. In fact, according to law, you will have to provide specific information pertaining to your chosen registered agent when filing the articles e.g., according to CA Corp Code § 17702.09 (2019), you have to provide the name and street address of the agent in this state pursuant to Section 17701.13. If you change a California registered agent, you will be required to notify the office of the California Secretary of state of the same.

Who can be a California registered agent?

The California Business Code dictates that one of the primary California registered agent requirements is that they should maintain a registered office, which should be a physical address in the state and not a PO box number. A California registered agent would also need to keep regular business hours so that they can accept service of process as well as any other legal correspondence on behalf of their clients or entities they are representing. If you had to choose the best California registered agent then who would it be or how would you choose? In reality, there are two scenarios –

• An individual as a Registered Agent where-in you or your company becomes a registered agent but this unfortunately is not an option in California. The state doesn’t allow entities like LLC or owners to serve as their own registered agents.
• A Commercial Registered Agent is the second option and applicable in California. If you are starting a new business in California, you will need to hire and maintain an RA. If you have an existing business and are not satisfied with the services of your current RA then you can apply to change a California registered agent. So, who is a Commercial Registered Agent? It is an individual or firm or third party that is compliant with the statutory requirements as specified in the California Code-CA Corp Code § 17701.13. A commercial agent is someone who should have represented a minimum of 50 or more domestic and foreign business entities and should have the experience of handling service of process for a period of one year. IncParadise is one of the best California registered agents with experience of handling and representing more than 10,000 business entities across the US including California. We are also fully compliant with the California Corporations Code requirements.

What does a registered agent do?

It is important to note that different states may have different California registered agent requirements as well as processes but the purpose of a California RA will be the same as an RA of any other state. So, what is the purpose of the best California registered agent?

• The primary purpose of the best California registered agent is facilitating service of process. Service of process is basically a procedure where a party (individual, business, or government) to a lawsuit gives notice of legal action to another party (business entity like an LLC or INC.), so that the said entity can respond to the proceedings before the court. A registered agent can accept the notice or legal documents on behalf of the party being served the notice pursuant to 416.10 of the California Code of Civil Procedure (CCCP).
• When you change a California registered agent then they will fulfill certain secondary purposes as well such as providing the business with a legal or physical address in the state. This is quite beneficial for non-US residents or those running a business in California while being based in another state. A physical address also means that notices and government or business documents can be received by the agent’s office during normal business hours as specified by the California Corporations Code.
• The type of services the best California registered agent provides can vary from one agent to another but some of the top agents like IncParadise provide a multitude of services depending on the requirement of a business entity. Most commonly, a top California registered agent provides new business formation including that of LLC and corporation apart from ensuring businesses are able to maintain their annual operating compliance with the state.

How Do I Change My California Registered Agent?

There are several reasons why a business would want to change a California registered agent with the most common reasons being:

• The number of business centric additional services offered
• Professionalism and credibility of the agent
• Handling of both domestic and out of state (foreign qualification) business
• Providing detailed information and guidance towards business requirement fulfillment

1. Select a new registered agent

The first step towards changing your registered agent is finding the right RA. You need to identify an individual or firm that can provide service of process and also represent you in California. If you are thinking of the cost of change of California registered agent then it is minimal. There are no state filing fees but there will be a change of agent fee. If you are searching for a new registered agent then here are some tips:

• Compliance: One of the primary factors that govern the choice of most business entities is compliance. It is important to ensure that your chosen RA meets all California registered agent requirements of the state and California Corporations Code. IncParadise is not only state compliant but also meets all state and law based requirements in California.
• Regular office hours: One of the primary California registered agent requirements is maintaining regular office hours so that any legal notices and business documents can be received by them on behalf of their clients.
• Physical Presence: A physical presence in terms of a business address is required by law. This helps businesses where owners reside outside the state. For example: If you reside in Michigan and want to operate a business in California, you will need a physical address. Some of the best California registered agents can provide you with a physical address in the state thus ensuring state compliances are met.
• Evaluate their services: If you are planning to change a California registered agent then you need to evaluate what services they are offering. One of the best California registered agents like IncParadise is a leading registered agent service provider in California because of the variety of business related services offered right from new business formation to obtaining tax ID, and filing of annual reports.

2. Notify your previous registered agent

If you are planning to change a California registered agent then it is important that you notify your previous registered agent of the same. Some businesses may think that removing an agent may lead to loss of credit but that will not be the case. At the same time, when you cancel the services of your previous registered agent, the agency or firm will require a confirmation of the fact that their name is not listed in the California state records as your registered agent. In such a scenario, all you need to do is provide a copy of the “change of agent” filing along with the entity records from the SOS website.

3. File California Statement of Information to the California Secretary of State

As a business entity wanting to change a California registered agent, you may ask, if there is any form that is required to initiate this process in the state of California. Actually, you are not required to file any form but have to simply inform the office of the Secretary of State. In fact, if your business is a domestic or foreign stock corporation or an LLC then you will have to file a “Statement of Information” while other business forms like limited partnerships or general partnerships have to file a statement of amendment. The purpose of the Statement of Information is to update the new agent information in the state records.

Want to Change your California registered agent?

Cost of Changing a California Registered Agent

There is no extra cost of change of a California registered agent except for the fee for filing the Statement of Information and the fee for new agent services, where the latter will vary from one agent to another.

Choose IncParadise as Your California Registered Agent

If you are planning to form a new business or thinking of expanding your existing business to California; the state and business laws make it mandatory for entities to hire and maintain a registered agent in the state, especially to handle service of process. If you want to change your California registered agent then it is also important to note that the new or chosen agent should have a physical presence in the state in the form of a physical address and not just a P.O.Box number. IncParadise, one of the best California registered agents and adheres to the regulations established by the office of the California Secretary of State.