A Wisconsin registered agent is legally required to receive legal documents and serve them on behalf of a corporation. This includes accepting service of process, filing corporate returns, and maintaining records for corporations.
Registered agents help companies comply with state laws and regulations. They ensure that the proper paperwork is filed and maintained, and that certain requirements are met. For example, registered agents must file annual reports with the Secretary of State, pay taxes, and keep copies of all relevant documents.
There are different types of registered agent, each with its own specific duties. A general partner, for instance, is responsible for managing the affairs of a limited partnership. A foreign agent is required to register with the federal government and act on behalf of another country.
Table of Contents
What Do Wisconsin Registered Agents Responsible For?
The state of Wisconsin requires that every entity file Articles of Organization with the Secretary of State’s office. These filings are called Form WI Incorporation Filings. This is done because the state wants to make sure that you comply with certain requirements. For example, it needs to know what type of business you want to start. And it needs to know how many directors you need.
But there is one thing that you don’t need to worry about: registering a registered agent. If you do not register a registered agent, the secretary of state cannot serve you with legal papers. However, if you do choose to use a registered agent, he or she will receive legal notices on your behalf. So, why does this matter?
For example, let’s say that you open up a small restaurant. You decide to hire a lawyer to help you set everything up. He tells you that you need to register a registered agent. Then, he sends out a letter requesting that someone sign for him. When the letter arrives at the registered agent’s address, he receives it and signs for it. Now, the lawyer knows that his letter reached the proper person.
So, what happens next? Well, the lawyer goes into court and files a lawsuit against you. At some point, he will request that the judge issue a summons. In response to that summons, the registered agent will send you a copy of the summons. This way, you know that the process server has delivered the paperwork to the correct place.
This is where things get tricky. If you do not choose a registered agent, the registered agent wouldn’t even know that the process server came to deliver the summons. Instead, the registered agent will simply forward the summons to you. Once you receive the summons, you will have 30 days to respond to the complaint. After 30 days, the case will move forward.
However, if you choose a registered agent, the registered agent will receive the summons. And since he or she is aware of the lawsuit, he or she will take steps to ensure that the process server delivers the summons to you. The registered agent will know that the process server delivered the summons to you. Therefore, the registered agent will act accordingly.
In short, choosing a registered agent makes sense. Why risk having your lawsuit dismissed due to improper service?
What Conditions Apply Legally to Wisconsin Registered Agents?
Any person who resides in Wisconsin may become an agent for a limited partnership, limited liability company, LLC, general partnership, or corporation. A registered agent must reside within the state, and his/her address must be a physical location, like a home or office address. Agents have legal requirements, including filing certain documents with the secretary of state.
How may my Wisconsin registered agent be changed?
To change your Wisconsin registered agent, you must file an application with the state and pay the $10 fee. You must provide proof of identity and residency. For example, you could use a utility bill showing your current address. If you are changing addresses, you can submit a copy of your old registration card along with a letter explaining why you want to change your registered agent.
State of WisconsinDepartment of Financial Institutions201 W. Washington Ave., Suite 300Madison, WI 53701
You can find out how to do it in person at the department’s office in Madison.
Do I Need a Registered Agent in Wisconsin?
A Wisconsin registered agent is required by law for most companies and nonprofits. This includes corporations, limited liability companies, general partnerships, limited partnerships, unincorporated associations, and foreign entities. If you are incorporated in another state, you must appoint a Wisconsin resident as a registered agent. You cannot use a post office box or email address as a registered agent.
Companies can hire an outside service like LegalZoom or Intuit TurboTax to maintain their agents. These services typically charge $100-$200 per year, plus additional fees based on how many agents you want to register.
Who may act as my registered agent in Wisconsin?
Wisconsin law requires a registered agent to be a resident of the State of Wisconsin. This includes residents of Wisconsin living abroad, such as those residing in Canada or Mexico. However, there is no minimum age requirement to serve as a registered agent. Individuals and corporations can act as registered agents for another entity. For example, a parent could act as a registered agent on behalf of her children. Likewise, a professional association could appoint one of its members as a registered agent.
A person must reside in Wisconsin in order to act as a registered agent. Therefore, foreign corporations, nonstock corporations and limited liability companies are prohibited from appointing a registered agent in Wisconsin. In addition, a foreign corporation, nonstock corporation, limited partnership, registered limited partnership, or limited liability company cannot register as a registered agent if its principal place or places of business is located outside Wisconsin.
Frequently Asked Questions
Is a Registered Agent a Member of a Wisconsin LLC?
A Wisconsin registered agent is not necessarily an LLC member. A registered agent is simply a person designated by law to receive notices on behalf of another person. This means that it is possible to register a person as a registered agent without making them a member of your limited liability company (LLC). In fact, there are many reasons why you might want to do this. For example, you could use a registered agent because you don’t want to pay membership fees to an organization like IncFile or LegalZoom. You could also use a registered agent because your state does not require memberships. Or maybe you don’t even know what an LLC is. If one of those scenarios sounds familiar, read on.
The term “registered agent” refers to anyone appointed by law to accept legal documents on behalf of another party. To become a registered agent, you must file an affidavit with the secretary of state’s office stating that you meet certain requirements. These include being at least 18 years old and having either resided in the state for six months or owning real estate worth at least $10,000.
Once you become a registered agent, the Secretary of State’s Office sends you a certificate of registration. This document gives you permission to act as a registered agent on behalf of another individual or entity. Once you receive the certificate, you can sign legal documents such as contracts, deeds, mortgages, leases, and powers of attorney.
Registered agents are often used for companies that operate across multiple states. For example, a retailer operating out of several different locations may choose to appoint a single representative to serve as a registered agent for each location. This way, the company can avoid paying separate annual fees for each location.
Although most states require that individuals be registered agents, some states allow businesses to be registered agents. However, the rules vary widely from state to state. Some states require that every business be represented by a registered agent; others limit registered agent representation to specific types of organizations. Check with your state’s Secretary of State’ Office to see whether your state requires businesses to be registered agents and how much it costs to maintain an active registered agent status.
Does registered agent mean owner?
A business owner can be a “registered agent,” but a registered agent is NOT necessarily a business owner. If you are a business owner, you must be a registered agent. But there are exceptions. For example, a person who owns a home might register as a resident agent, but he/she does not own the house. Similarly, a landlord may register as a property manager, but he/she doesn’t own the apartment building.
If you’re thinking about registering as a resident agent or property manager, here are some things to consider:
1. You’ll be required to sign a form declaring that you meet certain requirements.
2. Your registration will be public record.
3. You could face fines and penalties if you don’t comply with state law.
4. Some states require you to maintain insurance coverage.
5. You may need to file annual reports with the government.
How to Remove a Registered Agent for LLC in Wisconsin
If you want to take control of the registered agent for your limited liability corporation (LLC), you have several options. First, you can designate yourself as the registered agent for your company. Second, you can hire a professional registered agent service provider to handle it. Third, you can perform the task yourself.
The state requires that every LLC maintain a registered office address. This is where the secretary of state keeps records about the entity. For example, if you’re doing business under the name “ABC Company,” you’d use the address 123 Main Street, Anytown, WI 56789. But what happens if you decide to move your company somewhere else? Or, maybe you just want to start over and register a different name. In either case, there are some things you’ll need to know.
First, you should file an application with the Wisconsin Department of Finances, asking to change your registered agent. The agency handles applications for changes like this. You can request a change online, by phone, or even in person. They’ll send you a confirmation of receipt, and then you’ll receive another notice once your application is approved.
Once you’ve filed your application, you’ll need to pay the required fees. Most states require a $10 filing fee. However, Wisconsin charges $25. The fee covers a variety of documents, including the original application and copies of existing documents.
Next, you’ll need to submit a change-of-agent form to the Wisconsin Department of Financial Institution Services. Again, you can apply online, by phone, in person, or by mail. Once you’ve submitted the form, you’ll receive another notification telling you whether your application was accepted or rejected. If it was accepted, you’ll receive a copy of the document showing the changes you requested.
Finally, you’ll need to notify the secretary of state of your change. The state says you don’t have to give a reason for the change, but you can provide one in writing.
You’ll also need to update the information on the company’s tax returns. The IRS requires that each member of an LLC report his or her income, deductions, and capital gains. So, make sure you include the new registered agent on your annual return.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.