Wisconsin Registered Agent: LLC Guide
What is a Wisconsin Registered Agent?
A Wisconsin Registered Agent is an individual or business that consents to receive legal correspondence and official notices on behalf of your Wisconsin 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 Wisconsin Registered Agent must be available during standard business hours (9 am to 5 pm), Monday through Friday.
Your LLC's Registered Agent in Wisconsin must have a real street address in the state. PO Box addresses aren’t allowed.
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)
Is a Registered Agent Required in Wisconsin?
Yes, Wisconsin 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 Wisconsin?
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, Wisconsin guarantees the appropriate delivery and tracking of court documents by maintaining a Registered Agent on file.
Who can be my Registered Agent in Wisconsin?
You have three options for choosing your Wisconsin Registered Agent:
- You
- A friend or family member.
- A Registered Agent Service in Wisconsin
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 Wisconsin 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 Department of Financial Institutions (DFI) of Wisconsin 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 Wisconsin Department of Financial Institutions (DFI).
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.
Exclusive Offer!
Hire a Northwest Registered Agent to form your LLC for just $39 plus the state fee and receive a free year of Registered Agent service.
(Why is Northwest the best? Read our Northwest Registered Agent review)
Should you be your own Registered Agent?
You can be your own Registered Agent in Wisconsin. 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 Records in Wisconsin
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 Articles of Organization, including the address of the Registered Agent, is kept on file with the Wisconsin Department of Financial Institutions (DFI) 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 Wisconsin business owners operate from their homes but be aware that the address of your Registered Agent on your LLC Articles of Organization will be listed in public records.
To keep your home address private, consider hiring a Wisconsin Registered Agent Service. They can provide their address for your Articles of Organization, keeping your address off the public record.
What’s the best choice for a Wisconsin Registered Agent?
The best Wisconsin Registered Agent for your business depends on several factors.
You:
You can be your own Registered Agent in Wisconsin if:
- You live in Wisconsin
- You have a physical address in Wisconsin
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 Wisconsin Registered Agent if:
- They live in Wisconsin
- They have a physical street address in Wisconsin
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 Wisconsin resident and want to save money, as you won't need to hire a Registered Agent Service.
Wisconsin Registered Agent Service:
A Wisconsin 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 Wisconsin
- 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 Articles of Organization
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)
Wisconsin Registered Agent FAQs
Can I be my own Registered Agent in Wisconsin?
Yes, you can be your own Registered Agent in Wisconsin if you are a resident of the state and have a physical street address.
Does my Wisconsin Registered Agent need to have an address in Wisconsin?
Yes. Wisconsin law requires Registered Agents to have a Wisconsin street address. This cannot be a PO Box or mailbox service; it must be a physical address.
Can a family member be a Registered Agent in Wisconsin?
Yes, a family member can be your Registered Agent in Wisconsin, if they meet the legal requirements. To be your Registered Agent, your family member must have a physical address in Wisconsin (PO Boxes aren’t allowed) and must be available at that address during normal business hours.
When should I appoint a Wisconsin Registered Agent?
You must appoint a Registered 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 Wisconsin Registered Agent Service; all options are included 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 Wisconsin doesn’t.
What is a Registered Office Address?
A Registered Office Address is 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, goes on public records with the Department of Financial Institutions. Your LLC’s business address (where you actually operate the business) can be different from the Registered Office Address.
Is a Wisconsin Registered Agent liable?
No, a Wisconsin Registered Agent is not liable for any of the LLC’s lawsuits or debts. Accepting documents on behalf of the LLC does not bring the Registered Agent into a lawsuit. If you are the Registered Agent and someone sues your LLC, they are still only suing the business.
The Registered Agent does not get sued. That’s true even if you are the Registered Agent and the owner of the LLC. Only the LLC gets sued – not you, as the individual owner. That’s because an LLC protects your personal assets.
How do I appoint a Registered Agent in Wisconsin?
You appoint your Registered Agent in Wisconsin on your LLC formation paperwork (aka the Articles of Organization). If you will be your own Registered Agent, just enter your information in the Registered Agent’s Name and Address fields. If a friend or family member will be your Wisconsin Registered Agent, check which address they would like you to use, and then enter their information in the fields.
If you’ll be hiring a Registered Agent Service like Northwest, hire them, then enter their information in the Registered Agent fields. Make sure to hire your Wisconsin Registered Agent Service before entering their information in the Registered Agent fields.
If you form your LLC by mail, it will look like this: You enter your Registered Agent name and Registered Office address in Articles 3 and 4 on the Wisconsin LLC mail filing. If you form your LLC online, it will look like this: The Registered Agent and Registered Office Address are entered in Article 3 and Article 4 of the Wisconsin Articles of Organization online filing. That’s it! There’s no additional form or paperwork to file to appoint your Registered Agent in Wisconsin.
How do I change my Registered Agent in Wisconsin?
You can change your Registered Agent at any time (and as many times as you need). You can change your Registered Agent online or by mail. In Wisconsin, there are three ways to change your Registered Agent:
- File Form 13 with the Wisconsin Department of Financial Institutions. The filing fee is $10.
- Update your Registered Agent online. The filing fee is also $10.
- Update your Registered Agent when you file your LLC Annual Report. You’ll pay $25 for the Annual Report but don’t have to pay anything extra to change your Registered Agent.
Switching from yourself as a Registered Agent to a Registered Agent company: If you’ve been the Registered Agent for your LLC and would like to switch to a Wisconsin 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 a 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 Wisconsin Registered Agent Service and would 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. If you’re looking for a new Registered Agent Service, check out Best Registered Agent Service in Wisconsin.
How to start an LLC in Wisconsin:
- Choose an LLC name and make sure it’s available.
- Choose who will be your Wisconsin Registered Agent.
- File the Wisconsin 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 Wisconsin.