An Illinois registered agent (also referred to as a resident agent or statutory agent in some states) is a person or company designated to be the official point of contact for a company.
The purpose of a registered agent is to receive service of process (legal mail such as a summons, subpoena, or lawsuit) and forward it to the appropriate person in the company. Registered agents are required by the state for an Illinois Limited Liability Company (LLC), corporation, Limited Liability Partnership (LLP), or Limited Partnership (LP), but sole proprietorships and general partnerships do not need one.
Also See: Guide to starting a business in Illinois
What are the Requirements of Illinois Registered Agents?
The requirements for registered entities to have an Illinois registered agent are found in Illinois Statutes 805 ILCS 180/1-35 (LLC)1 and 805 ILCS 5/5.05 (corporation)2, which states that registered entities will have and continuously maintain a registered agent.
On top of the state of Illinois mandating that registered entities must have a registered agent, if a process server is unsuccessful in reaching the company’s registered agent, the court can proceed with legal proceedings, which could result in a judgment being placed against the business. Additionally, by not maintaining a current registered agent, an entity may lose its good standing with the state, and the owners may lose their liability protection.
There are a few requirements to be a registered agent in Illinois, which include:
- An Illinois resident 18 years or older may be appointed. Alternatively, a registered business entity, such as a registered agent service, may be appointed.
- Having a physical address (often referred to as a registered office or principal office). This can be the actual address of the business, the home address of an owner, or even the address of a friend or family member. PO Boxes are not acceptable, and a private mail service or mailbox also does not fulfill the requirement.
- The agent generally being available to receive service of process on behalf of the business during normal business hours, normally between 9 a.m. and 5 p.m.
Why Hire An Illinois Registered Agent Service?
Provided that the owner lives in the state of Illinois and is generally available at a specific address during normal business hours, they can be the registered agent. While this is the easiest and least expensive option, some business owners choose to hire a registered agent service. The main reasons to do this include:
- Privacy: The registered agent’s name and address are listed on the Illinois business database. This can be concerning if someone is running a small business on the side and doesn’t want their employer to know about the business. Also, if the business is sued, the notice will be delivered to the registered office address and employees, customers, or even neighbors could witness the event. Last, if the registered office address is the owner’s home address, there is also the remote possibility of a vindictive litigant or upset customer finding the address and showing up at the business owner’s home.
- Availability: Illinois requires the registered agent to be available at the registered address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.
- If the Business Expands to Additional Locations: If the business has a physical presence in multiple states (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states and would require that a registered agent be appointed in each state.
- Due Date Reminders: Registered agent services often provide annual report reminders and state updates, which is nice to ensure the entity remains in good standing with the state.
How much does an Illinois registered agent service cost?
There is no cost for the business owner to be the registered agent. If a commercial registered agent service is hired, expect to spend between $100 and $150 per year, depending on the services that are provided.
Northwest Registered Agent is a popular registered agent service that charges $125 per year and offers several extras, such as document scanning and mail forwarding. It’s also worth noting that some entity formation companies, like Bizee, include a registered agent service at no cost for the first year when you register your corporation or LLC with them.
How Can A Registered Agent Be Changed In Illinois?
To change a registered agent in Illinois, submit Form BCA 5.10/5.20 – Statement of Change of Registered Agent and/or Registered Office, and pay the state filing fee to the Illinois Secretary of State, Department of Business Services. In addition to the form, the LLC operating agreement or corporation bylaws should be updated with the new registered agent’s information.
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