Should You Be The Registered Agent Of Your LLC?

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1. Feature:  Should You Be The Registered Agent Of Your LLC? (4 min read)

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-TCoL

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(Note: We typically try and keep our answers in Sunday’s Dear TCoL column short and sweet, but this question is very common and, in this age of virtual and home offices, we believe it warrants a featured, detailed answer that we hope you find helpful!)

Dear TCoL:  Can’t I Be My LLC’s Registered Agent?

Question: I own a new Florida LLC and I paid a company to form my LLC and I also paid them to be my registered agent. A friend just told me that she is the registered agent of her LLC. I’m a Florida resident like my friend, so why do I need to pay someone to be my registered agent?

The Short Answer (and What We’re Assuming)

You probably don’t need to pay anyone—if you meet a few simple requirements. Florida allows you to serve as your own registered agent.

But here’s what we’re assuming:

• You have a Florida street address where someone can be served in person. A P.O. box won’t work, and most virtual offices don’t qualify unless staffed during business hours.

• You’re doing business only in Florida (for now). Expanding into other states might change the strategy.

• You’re fine with your address being a public record. Anyone can look up your LLC and registered agent address on Sunbiz.org.

If that sounds like you, you can almost certainly follow your friend’s lead and save the annual $100–$300 you’re paying for a registered agent service. But even if you travel or aren’t at the office every day, you likely have other options.

The Rules: What Florida Requires

Every Florida LLC (and every foreign LLC authorized to do business here) must designate and maintain a registered agent and a registered office in the state. This is required under Florida Statute §605.0113.

In plain English:

• The Registered Agent’s Job: Receive legal papers—lawsuits, tax notices, and state correspondence—on behalf of your company. Then forward them to you promptly.

• The Registered Office: This must be a physical street address in Florida where someone is available during normal business hours to accept service of process. No P.O. boxes. Most virtual offices don’t qualify unless staffed in person.

Who qualifies as an agent?

• A Florida resident (like you) whose business address matches the registered office.

• A domestic (Florida) entity (LLC, corporation, LLP, or LP).

• A foreign entity authorized to do business in Florida that fits one of those categories.

Other Options You Might Be Overlooking

If you’re rarely in the office or travel often, you don’t have to automatically pay for a registered agent service. Florida gives you more flexibility than most new LLC owners realize:

• Appoint a Trusted Employee or Office Manager – As long as they’re a Florida resident and available during business hours, an employee can legally serve as your registered agent.

• Use Your Attorney – Many corporate and estate-planning attorneys routinely act as registered agents for their clients. Some charge a modest annual fee or include it in ongoing representation. Inquire.

• Use a Spouse or Partner – If your LLC address is your home and your spouse or partner is home during business hours, they can act as your registered agent.

• Consider a Reliable Third Party – Any adult Florida resident who meets the availability requirements can serve, if they consent in writing.

These options are often cheaper than paying for a commercial service.

Should You Terminate Your Registered Agent Service?

Thousands of Florida business owners serve as their own registered agents or delegate the role. But like any DIY move, it has trade-offs.

The Pros of Handling It Yourself (or In-House)

• Cost Savings: Save $100–$300 a year. That’s savings and one less invoice to deal with for a bootstrapped LLC.

• Direct Control: You see legal documents immediately—no middleman delays.

• Simplicity: One less vendor (and 1099) to manage.

• Customizable: You can delegate to a spouse, employee, or attorney instead of paying a service.

The Cons (Why Services Exist in the First Place)

• Availability Requirements: Someone must be physically present Monday through Friday, 9 a.m.–5 p.m.

• Privacy Concerns: Your registered office address will become a public record.

• Embarrassment Factor: Being served with a lawsuit at home or in front of employees isn’t ideal.

• Administrative Hassle: Move or expand into other states? You’ll need to update filings yourself.

• Time and Risk: A service provides peace of mind for owners who don’t want one more responsibility.

A Smarter Decision Checklist

Ask yourself:

1. Will someone reliable be at your registered office most weekdays 9–5?
   ✅ If not you, could it be a trusted employee or family member?

2. Are you OK with your registered office address being a public record under Florida law?
   ✅ If no, an attorney or professional service is better.

3. Will whoever serves as agent reliably open and forward legal mail immediately?

If you can answer YES—you don’t need to pay for a service. If not, a professional service is cheap insurance.

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How to Switch to Yourself (or Someone Else)

If you’re ready to switch:

1. Log Into Sunbiz.org – Select “Amendment” and file a “Change of Registered Agent” form.

2. Have the New Agent Accept the Role – They’ll sign a statement acknowledging the duties.

3. Notify the Old Agent – Not required by law, but it avoids billing disputes.

4. Wait for Confirmation – Sunbiz usually processes changes within 1–3 business days.

5. Keep Records Updated – Make sure whoever you appoint is consistently available.

Final Word

Running a business is about making smart, low-stakes bets. This is one of them.

Whether you handle it yourself, delegate to someone you trust, or pay a service, what matters is reliability. A missed lawsuit notice can cost you far more than $100 a year.

If you’ve got someone dependable in place, save the money. If you don’t, consider the service cheap insurance.

Either way, put this on your annual business review checklist. Circumstances change, and so will your appetite for DIY solutions.

Have an interesting business question and need a free bit of advice? Send your question to [email protected]. No confidential info, please!