How To Serve A Summons On A Registered Agent

If you're forming a limited liability visitor or corporation in the state of Michigan, yous'll demand to designate a registered agent.

A registered amanuensis is the individual or business entity that receives legal documents from the state, and and then forwards them to your business accost. Simply why is this a requirement, and who should you designate as your registered agent in Michigan?

In this guide, nosotros volition intermission down all the details you need to know nearly Michigan registered agents.

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What is a Michigan Registered Agent?

One of the virtually mutual questions we receive from entrepreneurs in Michigan is why a registered amanuensis is required to class an LLC or corporation. While it might seem like an unnecessary middle-man type of part, the registered amanuensis fills a vital function.

The registered amanuensis's job is to provide a reliable way for the state to contact an official representative of your business organization at any time, which is especially important if your business is ever sued. If you didn't have a registered amanuensis, a lawsuit could progress through the courts without you even knowing almost it, which is plain far from platonic.

While Michigan does not provide a recommended listing of registered agent services, we reviewed the peak options and compiled a list of the all-time Michigan registered agent services based on price and overall value.

Who Can Exist a Michigan Registered Amanuensis?

In Michigan, a registered amanuensis must be either an private resident of the country, a domestic corporation or LLC, or a foreign corporation or LLC with a document of authorisation to transact business in the state. In any case, the registered agent must accept a physical street address in Michigan in lodge to authorize to serve.

Aside from the legal requirements, an important attribute to discuss is who should be your registered agent. You have the right to declare yourself as your own registered agent, which has its pros and cons.

On the positive side, you tin salve some money past not paying anyone to serve as your agent, but you lot'll too likely need to brand your home address a matter of public record, which is not ideal. Additionally, you'll need to be physically present at your business during all standard operating hours (ix-5, M-F).

Some entrepreneurs like to have a friend or family unit fellow member serve every bit their registered agent, simply if that person doesn't have experience in this position, they might non know what is expected of them. In addition, designating your lawyer or accountant as a registered amanuensis can piece of work, but these options are usually quite expensive.

Our preference is to hire a professional registered agent service, which provides a combination of convenience, affordability, and peace of mind that is unrivaled past any of these other options.

How Exercise Michigan Residents Get Served?

The nearly important office of a registered amanuensis'south role is being served a summons.

In Michigan, before a summons can be served, a lawsuit must first begin. This happens when a plaintiff files a complaint to the appropriate court which describes the nature of the dispute and includes the remedy being sought. Later on the advisable fee is paid and the complaint is filed with either the commune courtroom (for claims of less that $25,000) or the circuit court (for claims of more than than $25,000), so the summons may be candy.

If these steps are all taken correctly, the land of Michigan volition and then permit a summons to be served to the defendant'due south registered agent.

How to Designate a Michigan Registered Agent

The answer to this question depends on what blazon of business you're starting, but with either a corporation or an LLC, you'll need to designate your registered amanuensis when you form your company.

When establishing an LLC, you'll be required to list your registered agent in Article IV of the Manufactures of Organization for employ past Domestic Express Liability Companies. Alternatively, if yous're forming a Corporation, you'll need to designate your registered amanuensis in Article Four of the Articles of Incorporation for employ past Profit Corporations.

Again, it should be noted that in some documents, the statement of Michigan refers to registered agents as "resident agents"; at that place is no difference betwixt the 2 terms.

How Can I Change My Michigan Registered Agent?

If y'all would similar to modify your registered agent for any reason, the process is pretty uncomplicated.

All yous need to do is consummate the Certificate of Change of Registered Office/Resident Agent course. The certificate can be completed in its PDF form and then mailed to the Michigan Section of Licensing and Regulatory Affairs, or it may be submitted online at www.michigan.gov/corpfileonline.

The fee for irresolute your registered agent is only $5.00 and is payable either by check, money order, or credit menu.

How Does a Michigan Registered Agent Resign?

Sometimes, a registered agent may accept to resign from their position.

To pace down from an appointment, a registered agent needs merely to complete the Resignation of Agent course which asks just for the Bureau identification number, a short statement of resignation, and the signature of the resigning agent. The form may exist completed here as a pdf file and mailed to the office, or it may be completed online through the Corporations Online Filing System. The filing fee for this form is $five.00.

Why Should Yous Hire a Professional person Michigan Registered Agent Service?

Hiring a professional registered agent is basically the best of both worlds between serving equally your own amanuensis, and designating a lawyer or accountant.

Privacy

The biggest benefit in our opinion is the privacy protection this allows, as you will be able to go on your personal accost private. There's also a major reward compared to having an chaser or accountant serve as your agent, namely the fact that registered amanuensis services are almost always much cheaper.

Professional Service

Another reason we similar this option is that these companies specialize in providing quality registered agent service. They know exactly what'due south expected of them, and at that place are rarely any bug to speak of.

Nationwide

The other major benefit of hiring a registered agent service is that most of them operate in all fifty states, so that if you always want to expand your business into another state, you won't demand to rent an additional registered amanuensis. Your same registered agent will be able to provide the coverage you need in your new country, while even so providing the aforementioned service in Michigan. If you hired a lawyer or accountant, they would only be able to help you expand to a new state if they have another physical office in that state.

Yous Stay Compliant

Finally, virtually professional registered agents operating in Michigan offer some sort of compliance agenda. With this service, your registered agent helps you lot keep track of due dates for ongoing LLC maintenance requirements like annual reports, which is a valuable bonus.

The top registered amanuensis service providers include some other appealing attributes, including access to their extensive customer support networks. Some of them include a full twelvemonth of registered agent service with any business formation package, which can be a real money-saver. Another welcome attribute is that some registered amanuensis services provide volume discounts if you require service in multiple states, or if you prepay for multiple years.

What Is the Penalty for Not Designating a Registered Agent in Michigan?

You need to have a registered agent to form your limited liability company or corporation in Michigan in the first place, but if you lot let your registered agent service lapse, in that location could exist some serious consequences.

Failure to maintain a registered agent could pb to your business losing its good standing with the state of Michigan, and the state as well has the right to officially dissolve your LLC if they cull to.

Some other issue would be the difficulty of being served if your business organisation is sued. If the state cannot get ahold of your registered agent, a court may decide to get ahead with the lawsuit without your noesis, which could even lead to a judgment confronting yous. This tin can happen not just if you lot fail to designate a registered agent, but likewise if your agent is not present during business organisation hours to have the document delivery.

Conclusion

As you tin run into, the task of designating a registered agent for your Michigan business isn't quite as like shooting fish in a barrel as only writing down your own name.

At that place are significant downsides to simply about every selection in our opinion, only we recommend hiring a professional registered agent service because that choice has the fewest disadvantages. They charge affordable rates, and you lot never have to worry well-nigh losing your good standing, having your LLC or corporation dissolved, or having a lawsuit proceed in your absence.

If you take any further questions, you can contact the Michigan Secretarial assistant of State:

State of Michigan Department of Licensing and Regulatory Affairs
Corporations Division
2501 Woodlake Circumvolve
Okemos, MI
(517) 241-6470