llc, new-hampshire, united-statesAfter registering my small LLC, I signed up for a registered agent service because it is required for businesses in New Hampshire. I later heard that a member or manager of an LLC can also serve as a registered agent.
From reading sites offering these services it seems the main purpose of a registered agent is to receive service of process. That way you won’t be embarassed if you are served in front of customers or partners. It’s also useful if you can’t hold regular business hours. Not having a representative of the company receive service of process could result in your company losing by default.
I’m not worried about being embarassed in front of customers (it’s an online business), but is it really risky to be your own registered agent? Would someone really knock once, fail to serve papers, and not attempt to make any more contact? It seems that it’s mostly the registered agent services promoting this mindset, so I’m sure if I should listen to them.
A registered agent is only required when you do not have an address in the state you are filing in, OR if you do not want to receive legal documents at your home address.
My internet company has a RA in Delaware because our offices are in MA but we are registered as a Delaware C-Corp.
If you want a one word answer - yes, it is required in the state of New Hampshire, in order to receive legal correspondence. It's a communicative requirement. But the position can also be taken on by someone within your LLC.
As listed on the Wikipedia page for registered agents,
"state laws vary in how to complete service on the Secretary of State and the amount of fees charged. Some of the states that may have this statutory provision are listed below. MoRAA eliminated this provision but some of the states that adopted MoRAA maintained this provision."
Note, the Model Registered Agents Act (read about it on the same webpage), is an
"effort... to standardize business entity laws as they relate to annual reports, registered agents and other laws and forms used to file business entities."
In English, this means that the existence of the legal requirement to have a registered agent varies by state. It just so happens that NH (I grew up there!) is on the list of states with the aforementioned statutory provision. For more information about the MoRAA read here.
This website even features a listing for businesses which can act as registered agents in New Hampshire. You can also find out just about anything regarding business operations in NH at the same website.
To wrap full circle with your question, I found a good resource which shows five reasons why you do not want to become your own personal agent.
The registered agent must have a physical address in the state of incorporation or qualification: A registered agent is required to have a physical address in the state; post office boxes and private rented mailboxes won’t suffice. If you incorporated or formed an LLC in Delaware, but you live in California and your company is physically located in California, this means you cannot serve as a registered agent in Delaware. In this case, you’ll need to use a professional third party as your registered agent in Delaware.
Your company does business in multiple states: When you register your company to conduct business in other states besides where you incorporated, you’ll need a registered agent in each of those states (unless you have physical offices in each state).
You don’t maintain normal business hours: The registered agent needs to be available during normal business hours to accept important documents from the state. If you set your own hours or aren’t tied to an office (i.e. you’re a real estate agent or landscaper), you should consider a third party service so you never miss an important communication from the state.
Your address is likely to change: A registered agent’s address must always stay current in the state records. Any changes to the address require a formal state filing, which is often accompanied by a fee. By using a professional third party service as your registered agent, you never have to worry about updating the state records – no matter how many times you move over the years.
The registered agent’s address is of public record: Since the registered agent’s address is publicly available, anyone has access to it… including marketers, mailing lists, and spammers. Registered agents often receive unsolicited junk mail for their business. If you wish to keep your company or personal address information confidential, opt for a third party registered agent. You’ll get an extra layer of privacy and won’t have to deal with as much unsolicited mail.
For specific eligibility requirements, check here.
"Every LLC must continuously maintain a registered office and registered agent (can be a person or office) in New Hampshire, to receive official correspondence and notice from the state in the event that the company is "served" with a lawsuit." -LegalZoom
I just would advise against being your own agent since it adds a layer of unnecessary complexity in running your business. As a Chief Operating Officer, I understand that running a business is about simplifying processes and making life easier by delegating out as much as possible to streamline the efficiency. We have a registered agent. It works.
Regarding your fear of them abusing the system with their tactics like "better answer or be ready to face consequences" - it's totally valid that this may be misleading, but at the end of the day, many companies thrive on this fear of instability, and this is just another case in point where I wouldn't want to be caught on the wrong side off the fence.
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