An Illinois registered agent is an individual or business that agrees to receive official documents and communications on behalf of an Illinois registered company. They must be based in Illinois and have a physical address within the state. PO boxes cannot be used. By law, all corporations and Limited Liability Companies (LLCs) must have a registered agent, see below.
What Is an Illinois Registered Agent?
An Illinois registered agent is an individual or business that acts as registered agent for an Illinois LLC or corporation. They are the first point of contact for all official communication and documentation. The agent receives all orders of process from state and federal authorities on behalf of the company and then passes them on to the relevant individuals in a timely manner.
All Illinois registered companies must have a registered agent. This is a legal requirement. Most agents are named and appointed when the company is initially formed. They provide a reliable point of contact for the state to communicate with a company. They must also maintain a physical address within the state and be available during regular business hours Monday to Friday.
What Does an Illinois Registered Agent Do?
An Illinois registered agent receives official documentation on behalf of a company registered in the state. This includes all legal and tax-related documents that require a response from the company. When the agent receives documents they must pass them onto relevant company members in a timely manner. They are the first point of contact for an Illinois-based company.
What Are the Requirements?
What are the responsibilities of an Illinois based registered agent? The key responsibilities center around receiving official documents from the authorities and passing these on to the relevant company members. And, they must make themselves available at a specified address – all year round. See below, for more information.
Receive Legal Documents
The key responsibility of a registered agent in Illinois is to receive official documentation on behalf of the company. They act as a general point of contact for receiving legal notices, tax documents, and official notices from the State and Federal authorities. They serve as an always-available point of contact.
Once the agent receives official documents they most promptly pass these on to the relevant company members. This ensures legal and official documents are communicated in a timely manner to those that need to be informed. This ensures all communications reach the people they need to and that the company has time to act and respond promptly.
Maintain a Physical Address
An Illinois registered agent must maintain a physical address within the state. This means they must be available at a specified brick and mortar address. A post office PO box cannot be used. However, the agent can be either an individual or a business that provides a professional registered agent service – so long as they have an address in the state of Illinois.
Availability During Regular Business Hours
An Illinois registered agent must be available during regular business hours. This means they must be reachable at the specified address Monday to Friday from 9am to 5pm.
Maintain Accurate Contact Details
A registered agent for an LLC in Illinois must update their contact details with the Illinois Secretary of State should any changes occur. These updates should be processed promptly to ensure no gaps occur and the agent remains available and contactable.
How to Appoint an Illinois Registered Agent
How do you appoint an Illinois registered agent? A registered agent is usually appointed from the outset – when a company is formed in the state of Illinois. When a new company is formed in the state it must appoint a registered agent. And, these details are captured in the company formation documents. Below we run through the steps involved in appointing a registered agent Illinois.
1:Choose an Agent
First up, you need to choose a registered agent. You can choose an individual or a business that provides a registered agent service. Ensure they meet all the requirements outlined above. They must have a physical address in the state of Illinois.
2: Obtain Consent
You must obtain explicit consent from the individual or organization that they agree to act as your registered agent. This can be done in writing or electronically.
3: Gather Information
Next up, you need to gather the agent’s name and contact details. These will be captured in official documentation and will become public record if approved.
4: Record Agent Details
Complete the necessary Illinois Secretary of State paperwork or electronic form. In most cases, this will be the company formation document. Forms can be completed online on the Illinois Secretary of State’s website. Or, manually by downloading the appropriate form from the Illinois Secretary of State’s website. If you need to change registered agent you can do this using the “Statement of Change of Registered Agent and/or Registered Office” (Form LLC-5.5 for LLCs or BCA 5.10 for corporations).
5: File the Document
Once you have completed your paperwork/electronic form you must file it with the Illinois Secretary of State. And, you’ll need to pay a processing fee. The fee can vary depending on the form you need to complete – check the Secretary of State’s website for further details.
6: Verification & Approval
Once the document has been filed the Illinois Secretary of State will review the application. If everything is in order and the fee has been paid the appointment of the registered agent will be approved.
Who Can Be an Illinois Registered Agent?
What are the eligibility requirements for being a registered agent in Illinois? Can anyone be a registered agent? No, not everyone can be a registered agent. There are some requirements an individual or business must meet to qualify as being suitable for the role, see below.
• Illinois Address
A registered agent must have a physical address in the state of Illinois. They cannot use a PO (post office box). The address must be a real address at which the agent can be physically reached.
• Contactable During Regular Business Hours
The agent must be contactable during regular business hours. In effect, this means the agent must be present at the specified address from 9 am to 5 pm, Monday to Friday.
• Must Be Over 18
If the agent is an individual, they must be above 18 years old.
• Illinois Authorized Business
If the Registered Agent is a company, it must be authorized to do business in the state.
The registered agent must give explicit consent that they agree to act as an agent for the company. This can be done in writing or by email and will be filed with the company’s documents.
Can You Be a Registered Agent for Your Own Company?
Yes, you can be a registered agent for your own company in the state of Illinois. Anyone with an Illinois address can be a registered agent as long as they meet the eligibility requirements outlined above. Note, a registered agent is sometimes referred to as a resident agent or statutory agent.
However, there are some drawbacks to appointing yourself as your company’s registered agent. Firstly, your name and contact details will become public record. Once you are approved as the agent, your details will be placed on file with the Illinois Secretary of State. And, this means your name, address, and contact details will become publicly available.
Also, a registered agent must be available at a specified address during regular business hours, Monday to Friday, all year around. This effectively ties you to the specified address and limits your freedom of movement. For these reasons, many people choose to hire a professional registered agent service.