Michigan Registered Agent: LLC Guide
What is a Michigan Registered Agent?
A Michigan Registered Agent is an individual or business that consents to receive legal correspondence and official notices on behalf of your Michigan LLC.
If your LLC is sued, legal papers, often called Service of Process, are mailed to your Registered Agent. Additionally, the state may forward notices and reminders to your LLC through the Registered Agent.
A Michigan Registered Agent must be available during standard business hours (9 am to 5 pm), Monday through Friday.
Your LLC's Registered Agent in Michigan must have a real street address in the state. PO Box addresses aren’t allowed.
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Is a Registered Agent Required in Michigan?
Yes, Michigan mandates that all business entities designate a Registered Agent when filing their LLC formation documents. Additionally, a Registered Agent must be maintained with the state for the duration of the LLC's existence.
Why is a Registered Agent Required in Michigan?
If your company is sued, a Registered Agent will take legal documents and ensure that your LLC has confirmation of receipt.
Because of this, all businesses including corporations and LLCs are required to have a Registered Agent on file with the state.
Alternatively, the Registered Agent of your LLC is an important player in the legal proceedings. For each LLC, Michigan guarantees the appropriate delivery and tracking of court documents by maintaining a Registered Agent on file.
Who can be my Registered Agent in Michigan?
You have three options for choosing your Michigan Registered Agent:
- You
- A friend or family member.
- A Registered Agent Service in Michigan
Opting to be your Registered Agent might save you money, but it does come with some risks.
What are the risks?
If you choose to be your own Michigan Registered Agent, you may face several risks, including:
- Overlooking important state notices
- Facing administrative dissolution
- Missing Service of Process, which could lead to legal problems
These issues are more likely if you:
- Move without updating your address with the state
- Travel or are away for long periods
- Lack of dependable physical address
- Fail to monitor your mail consistently
We’ll go over these risks in more detail below.
Missing an important notice from the state
The Secretary of State of Michigan or other state agencies must promptly send essential notices to your business.
These notices often include actions your LLC needs to take by certain deadlines. If you miss these deadlines, you could face penalties and extra fees.
Administrative Dissolution
If you're acting as your LLC's Registered Agent and move without updating your address with the state, your LLC could be dissolved by the Michigan Secretary of State.
The state doesn't check on your LLC daily, but if it discovers your address is out of date and can't contact you, it might decide to shut down your LLC.
Default Judgment
If your LLC is involved in a lawsuit, the process server will try several times to hand over the court documents to your business.
This means that the individual suing your LLC does not need your defense to proceed with their case against your company. Usually, your LLC is hit with a default judgment as a result.
In this case, the individual suing your LLC does not need your presence to defend your company. Usually, this results in a judgment by default against your LLC.
Contempt of Court
If your LLC is part of a lawsuit, you might get a subpoena. This is a request for you to testify or give records.
If you don't respond, you could be held in contempt of court. This might lead to fines or a bench warrant, letting the sheriff take your records or force you to go to court.
Should you be your own Registered Agent?
You can be your own Registered Agent in Michigan. Although there are some risks, they are relatively uncommon, and handling them yourself can save you money.
However, using a professional Registered Agent Service can offer extra advantages, like keeping your address private.
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Registered Agent Details Are Public Records in Michigan
As the Registered Agent of your LLC, you may name a friend or member of your family. However, this implies that the public will be able to access your home address.
The information you offer in your Certificate of Formation, including the address of the Registered Agent, is kept on file with the Michigan Secretary of State as a public record.
Your address will be available to the public and could show up on many websites if you list it as your LLC’s Registered Agent address.
Once other sites get this information, it spreads, and your address might be found easily with a Google search.
If you want to keep your address private, we can help with that.
How to Keep Your Address Out of Public Records
Many Michigan business owners operate from their homes but be aware that the address of your Registered Agent on your LLC Certificate of Formation will be listed in public records.
To keep your home address private, consider hiring a Michigan Registered Agent Service. They can provide their address for your Certificate of Formation, keeping your address off the public record.
What’s the best choice for a Michigan Registered Agent?
The best Michigan Registered Agent for your business depends on several factors.
You:
You can be your own Registered Agent in Michigan if:
- You live in Michigan
- You have a physical address in Michigan
Keep in mind that your address will be listed on public records.
Why choose this? It's a good way to save money because you don’t have to pay for a Registered Agent Service.
Friend or Family:
A friend or family member can be your Michigan Registered Agent if:
- They live in Michigan
- They have a physical street address in Michigan
They also need to be okay with having their address listed on public records.
Why choose this? It's a good choice if you’re not a Michigan resident and want to save money, as you won't need to hire a Registered Agent Service.
Michigan Registered Agent Service:
A Michigan Registered Agent Service (also known as a Commercial Registered Agent) is a company that handles receiving mail and legal documents for your LLC.
These services typically cost between $100 and $300 per year. They will either forward the mail they receive to you or upload it to your online account.
Why choose this option? It's a good choice if you:
- Don't live in Michigan
- Don't have a friend or family member whose address you can use
- Won't be available during normal business hours to receive mail
- Prefer not to have your address listed in the Certificate of Formation
Need to save time?
Consider hiring a professional to set up your LLC: Northwest Registered Agent offers LLC formation services starting at $39 plus the state fee.
(Find out why Northwest is the top choice for LLC formation)
Michigan Registered Agent FAQs
Can I be my own Registered Agent in Michigan?
Yes, you can be your own Registered Agent in Michigan if you are a resident of the state and you have a physical street address.
Check out Can I be my own Registered Agent in Michigan for more details. Or watch the video below:
Can a family member be a Registered Agent in Michigan?
Yes, a family member can be your Registered Agent in Michigan if they meet the legal requirements.
To be your Registered Agent, your family member must have a physical address in Michigan. (PO Boxes aren’t allowed). And they must be available at that address during normal business hours.
When should I appoint a Michigan Registered Agent?
You must appoint a Registered Agent (aka Resident Agent) when you file your Articles of Organization. It doesn’t matter whether you are your own Registered Agent, using a friend or family member, or a Michigan Registered Agent Service – it all goes in the same place on the form.
Is there any paperwork I need to do before choosing a Registered Agent?
No, you don’t need to file anything other than the Articles of Organization (which forms your LLC).
Some states require a separate “Consent of Registered Agent” form, but Michigan doesn’t.
Does my Michigan Resident Agent need to have an address in Michigan?
Yes. Michigan law requires Registered Agents (aka Resident Agents) to have a Michigan street address. This can’t be a PO Box. It must be a physical street address.
What is a Registered Office in Michigan?
A Registered Office is simply the address of the Registered Agent for your LLC. This is the address where Service of Process and state notices will be sent.
A Registered Office address, along with the Registered Agent’s name, is publicly listed on file with the Secretary of State.
Is a Michigan Registered Agent liable?
Many people wonder if the person who’s listed as the LLC Registered Agent is liable if the LLC gets sued. Often people are worried about this if they list a friend or family member as their LLC Registered Agent (they wouldn’t want their friend or family member to get into trouble for helping out).
The good news is that simply being a Registered Agent in Michigan doesn’t make that person liable for the LLC’s debt or liabilities. That means if the LLC were sued, the Registered Agent wouldn’t be involved.
Remember, a Registered Agent is just there to receive legal documents (Service of Process) and state notices on behalf of your LLC. Just receiving the legal document doesn’t involve the Registered Agent in the lawsuit. And they aren’t liable for anything beyond giving the legal documents to the LLC members.
In the event of a lawsuit, it is the legal entity (the LLC) that is being sued. Not the Registered Agent. And that’s also true if you’re acting as your own Registered Agent (or another LLC owner is the Registered Agent). You (or the other owners) wouldn’t be involved in the lawsuit; only the LLC itself gets sued.
Said another way, a Registered Agent receives legal documents that are sent to your LLC. Simply receiving these legal documents doesn’t mean the Registered Agent would be involved in a lawsuit.
How do I change my Registered Agent in Michigan?
You can change your Registered Agent at any time (and as many times as you need).
Typically, there are two ways to change your Registered Agent:
- File Form CD-520 with the Secretary of State. The filing fee is $5.
- Update it on your Annual Report by entering your new Registered Agent information.
Switching from yourself as Registered Agent to a Registered Agent company:
If you’ve been the Registered Agent for your LLC, and you’d like to switch to a Michigan Registered Agent Service, the new company will usually file the paperwork for you. When you sign up for their services, the new company will ask if you’re changing Registered Agents.
For example, if you hire Northwest Registered Agent, they’ll file the change of Registered Agent paperwork for you.
Switching from your current Registered Agent company:
If you’re using a Michigan Registered Agent Service, and you’d like to change to another company, or to being your own Registered Agent, there is one additional step.
First, file the change of Registered Agent with the state. Then, contact the prior Registered Agent company and cancel their services.
To learn more about how the top Registered Agent companies compare against each other, check out Best Registered Agent Services in Michigan.
How to start an LLC in Michigan:
Here are the steps to starting an LLC in Michigan:
- Choose an LLC name and make sure it’s available
- Choose who will be your Michigan Resident Agent
- File the Michigan LLC Articles of Organization
- Complete and sign an LLC Operating Agreement
- Get a Tax ID Number (EIN) from the IRS
- Open an LLC bank account
- Check whether you need a business or sales tax license in Michigan
If you plan on hiring a Registered Agent Service, please do so before filing your Michigan LLC Articles of Organization. You will need their address for that step.