Utah Registered Agent: LLC Guide
What is a Utah Registered Agent?
A Utah Registered Agent is an individual or business that consents to receive legal correspondence and official notices on behalf of your Utah 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 Utah Registered Agent must be available during standard business hours (9 am to 5 pm), Monday through Friday.
Your LLC's Registered Agent in Utah must have a real street address in the state. PO Box addresses aren’t allowed.
Is a Registered Agent Required in Utah?
Yes, Utah 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 Utah?
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, Utah guarantees the appropriate delivery and tracking of court documents by maintaining a Registered Agent on file.
Who can be my Registered Agent in Utah?
You have three options for choosing your Utah Registered Agent:
- You
- A friend or family member.
- A Registered Agent Service in Utah
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 Utah 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 Division of Corporations of Utah 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 Utah Division of Corporations.
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 Utah. 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.
Registered Agent Details Are Public Record in Utah
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 Organization, including the address of the Registered Agent, is kept on file with the Utah Division of Corporations 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 Utah business owners operate from their homes but be aware that the address of your Registered Agent on your LLC Certificate of Organization will be listed in public records.
To keep your home address private, consider hiring a Utah Registered Agent Service. They can provide their address for your Certificate of Organization, keeping your address off the public record.
What’s the best choice for a Utah Registered Agent?
The best Utah Registered Agent for your business depends on several factors.
You:
You can be your own Registered Agent in Utah if:
- You live in Utah
- You have a physical address in Utah
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 Utah Registered Agent if:
- They live in Utah
- They have a physical street address in Utah
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 Utah resident and want to save money, as you won't need to hire a Registered Agent Service.
Utah Registered Agent Service:
A Utah 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 Utah
- 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 Organization
Utah Registered Agent FAQs
Can I be my own Registered Agent in Utah?
Yes, you can be your own Registered Agent in Utah if you are a resident of the state and have a physical street address.
Check out Can I be my own Registered Agent in Utah for more details. Or watch the video below:
When should I appoint a Utah Registered Agent?
You must appoint a Registered Agent when you file your Certificate of Organization. It doesn’t matter whether you are your own Registered Agent, using a friend or family member, or a Utah 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 Certificate of Organization (which forms your LLC).
Some states require a separate “Consent of Registered Agent” form, but Utah doesn’t.
Does my Utah Registered Agent need to have an address in Utah?
Yes. Utah law requires Registered Agents to have a Utah street address. This can’t be a PO Box. It must be a physical street address in Utah.
What is the difference between a Registered Agent and an Owner?
In an LLC, the Owner (also called a Member) is the person who owns the business. That means they receive money from the LLC’s profits.
An LLC Registered Agent can be an Owner/Member. If you choose to be your own Registered Agent, you would be both the Registered Agent and a Member of the LLC.
But the Registered Agent doesn’t have to be an LLC Member.
Your LLC Registered Agent could be a friend or family member, or you can hire a Commercial Registered Agent (aka Registered Agent Service).
The Registered Agent is just the person listed in state records. And if legal documents need to be delivered to your LLC, they are sent to your Registered Agent.
Can a family member be a Registered Agent in Utah?
Yes, a family member can be your Registered Agent in Utah, if they meet the legal requirements.
To be your Registered Agent, your family member must have a physical address in Utah (PO Boxes aren’t allowed). They must also be available at that address during normal business hours.
How much is a Registered Agent in Utah?
A Registered Agent Service (aka Commercial Registered Agent) usually charges $100 to $300 per year.
Our favorite national Registered Agent Service is Northwest Registered Agent. They charge $125 per year, and we think their quality of service and extra features make that a great value. Northwest offers nationwide Registered Agent service, so you can use them for an LLC in any state.
To see how Northwest compares to the other top Registered Agent Services, check out Best Registered Agent Services in Utah.
If you choose to be your own Registered Agent, there’s no cost. And if a friend or family member will be your LLC Registered Agent, there is also no cost (they might only charge you for the postage to send you items delivered for your LLC).
Is a Utah 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 Utah 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 the Registered Agent for my LLC in Utah?
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 the LLC Registration Information Change Form with the Division of Corporations. The filing fee is $13.
- Update your Registered Agent online. The filing fee is $13.
Change it on your Utah Annual Report (LLC Renewal) by entering your new Registered Agent information. There’s no additional fee (just the $18 Renewal fee).
Switching from yourself as a Registered Agent to a Registered Agent Service: If you’ve been the Registered Agent for your LLC, and you’d like to switch to a Utah 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 Service: If you’re using a Utah Registered Agent Service, and you’d like to change to another company, or to be 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.
How to start an LLC in Utah?
Here are the steps to starting an LLC in Utah:
- Choose an LLC name and make sure it’s available
- Choose who will be your Utah Resident Agent
- File the Utah LLC Certificate 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 Utah