What Is a Registered Agent in Florida — and Why Every Business Needs One

An Introduction to Registered Agents in Florida

When forming a business entity in Florida, one of the initial decisions that must be made is selecting a registered agent.

Many believe that appointing a registered agent is just a formality that requires little consideration, but aside from being legally required, a registered agent is a crucial connection between a business and the State of Florida.

Failing to appoint a valid registered agent may result in a business losing its good standing with the State or potentially missing legal notices.

This article explains the concept of a registered agent, what registered agents do in Florida, who may serve as a registered agent, why a registered agent matters for Florida limited liability companies (LLCs) and corporations, and finally, what are important aspects when selecting a registered agent service.

What Is a Registered Agent?

In Florida, a registered agent is a person or business entity that is specifically designated to receive and accept important legal notices and government documents on behalf of a company. It’s a simple, but important role. Essentially, the Florida registered agent serves as a business entity’s official point of contact for all legal matters.

Examples of the types of notices and documents that a registered agent may receive or be “serve” are:

• Lawsuits and summons
• Annual report notices
• Tax documents
• Compliance and/or regulatory communication from the Florida Department of State 

Florida Statutory Requirements for Registered Agents

There are two main statutes that govern registered agents in Florida. Pursuant to  Florida Statutes § 607.0501 (governing corporations) and § 605.0113 (governing LLCs), every business entity formed or registered in the State of Florida must designate and maintain a registered agent. This means that even foreign businesses that are qualified to do business in Florida must have a designated registered agent.

There are several specific requirements to establishing a particular registered agent in Florida. The key requirements are:

• The registered agent must have a physical street address in Florida. P.O Boxes are not permitted. This is because the agent must be able to be physically served at a known address.
• The registered agent must be available during regular business hours to receive legal documents and notices.
• The registered agent must consent in writing to being appointed the role. This is usually satisfied by having the agent sign the Articles of Organization/Incorporation during the formation process.

If a Florida business entity fails to appoint and maintain an acceptable registered agent, the entity may be at risk of being administratively dissolved by the State of Florida.

Learn more about business formation requirements on our Florida Business Formation page.

What’s the difference between a Registered Agent and a Business Address?

Whereas the business address is where business is actually conducted and mail is received, a registered agent address the statutory location where legal documents are officially delivered.

And while these addresses may be the same, they do not have to be. Considering the purpose of each address assists business owners in determining which address is most appropriate for each purpose.

Who Can Be a Registered Agent in Florida?

In Florida, the appointed registered agent must reside in Florida and be available at the official physical location during business hours. More specifically, the following is a list of eligible registered agents in Florida:

1. A Florida resident individual.
   1. This may include the actual owner of the business, an employee of the business, or even a third party such as an attorney or professional registered agent service provider.
2. A Florida Business Entity
   1. A Florida-based LLC or corporation may serve as a registered agent to another business assuming it is in good standing with the State and authorized to do business. For this reason, many businesses elect to appoint their business law attorneys or a professional registered agent service to serve in the role. Having a professional registered agent appointment improves legal compliance for the business and privacy for the owners.

Should a business owner serve as their own Registered Agent?

Florida law does not prohibit a business owner from serving as their own registered agent. However, there may be reasons why a business owner would not be the best candidate to serve as the registered agent, such as:

• When the business owner works remotely or travels frequently.
• When the business operates in several states or plans to expand into multiple states.
• When the business owner prefers not to be served at their place of business or at their home address.

Aside from the potential inconvenience, serving as one’s own registered agent may result in missed legal notices due to unavailability or public embarrassment in cases where lawsuits are served.

Benefits of a Professional Registered Agent

Hiring a professional registered agent serves as a viable alternative to a business owner serving as their own agent. This option offers several advantages, such as:

• Avoiding missed legal documents.
• Protection of the business owner’s privacy.
• Compliance with annual report filings and statutory deadlines.
• Business continuity when the business owner is unavailable or located outside of Florida.
• Allows for a multi-state presence.

How to Appoint or Change a business’s Registered Agent?

New Businesses:

Florida statute requires Articles of Organization for LLCs and Articles of Incorporation for corporations to be filed with the Florida Division of Corporations. Designation of the registered agent is documented in these Articles. 

Changing an Existing Registered Agent:

The Florida Division of Corporations allows for a registered agent to be changed by filing a Statement of Change of Registered Agent through its online methods or via mail along with a nominal fee of $25.00. To make this change, certain information is required:

• The business entity’s document number.
• The new registered agent’s information – name and address.
• A signed consent from the new agent.

If you’re not sure how to structure your business legally, check out our LLC vs Corporation guide on the ASR Law Firm blog. 

Need Help With Florida Business Law?

Common Mistakes Business Owners Make When Selecting a Registered Agent In Florida

When selecting a Registered Agent in Florida, many business owners make common errors that could jeopardize their business entities. The following is a list of the most common errors:

• Using a P.O. Box address: Florida statutes require a physical street address to be used as a registered agent. This is because one of the purposes of a registered agent is to personally receive legal documents, which must be received by a person.
• Naming someone who is not available: Appointing someone who is not typically present in the state during business hours, as required by the Florida statute, may lead to missing important legal services.
• Not Updating Changes: As with any other important change within a business, changes in the name and address of a registered agent must be timely updated to avoid losing good standing.

Using a business attorney or a professional service that monitors compliance matters and deadlines will help avoid unintended consequences due to these most common mistakes.

Learn more about how to properly register your company on our Florida LLC Formation services page.

Frequently Asked Questions

Conclusion: Appointing a Registered Agent is not an Afterthought

Assigning a reliable registered agent is not simply a formality when forming a business entity in Florida – it is a statutory requirement and a smart legal strategy for long-term business success.

At ASR Law Firm, we regularly assist our clients go beyond the basics by offering trusted legal guidance, compliance support, and the peace of mind of establishing a professional registered agent.

To learn more about how we serve our clients virtually across Florida, contact us here.