Quick Answer

Every state requires an agent. The Universal Rules: The agent must have a physical street address in the state, be available during business hours, and be at least 18 years old. The main differences between states involve Consent Forms (whether the agent must sign a document agreeing to the role) and Terminology.

Terminology Differences

Not every state uses the phrase "Registered Agent." If you are searching state websites, look for these terms, which mean the exact same thing:

  • Statutory Agent: Used in Arizona and Ohio.
  • Resident Agent: Used in Maryland, Massachusetts, Michigan, and Rhode Island.
  • Agent for Service of Process: Used in California and New York.

In most states, you just type the agent's name into the online form and hit submit. However, to prevent fraud (people listing random strangers as their agent), several states now require the agent to explicitly sign a Consent to Serve form.

If you hire a commercial agent, they will provide this signed form to you (or sign it electronically via the state portal) immediately after you purchase their service. States requiring consent include:

  • Arizona
  • Connecticut
  • Florida
  • Louisiana
  • Nevada
  • Washington
  • Wyoming (Requires a signed consent form to be kept on file at the principal office, not filed with the state).
New York's Unique Rule

In New York, the Secretary of State is technically the default statutory agent for all LLCs. However, you must still provide a DOS Process Address where the state will forward lawsuits to you. Functionally, this acts exactly like a registered agent requirement.

The Model Registered Agent Act (MoRAA)

About a dozen states have adopted the Model Registered Agent Act. This system splits agents into two categories: Commercial and Non-Commercial.

Commercial agents register their master address with the state. When you form your LLC, you just provide the commercial agent's ID number, and the state auto-fills their address. If the agent moves offices, they update their master file, and it automatically updates all of their clients. MoRAA states include Wyoming, Nevada, Idaho, Utah, and South Dakota.

What to Do Next

  1. Check your state guide: Read our specific guides for Wyoming, Delaware, or your home state.
  2. Hire a National Service: If you plan to expand your business into multiple states, hire a national commercial agent (like Northwest) who understands the nuances of all 50 states.