Who Can Serve as a Registered Agent for a Florida LLC?
Under section 605.0113, Florida Statutes, a Florida limited liability company must continuously maintain a registered office and a registered agent in Florida. The agent may be an individual who resides in Florida or an authorized business entity, and in either case the agent's business address must be the same as the registered office address.
The same rule applies to a foreign limited liability company that holds a certificate of authority to transact business in Florida. The registered office may be the same as the company's place of business in the state.
Section 605.0113(1)(b) lists who may serve. An individual must reside in Florida. A domestic entity or a foreign entity authorized to do business in Florida may also serve if it is an authorized entity. The statute defines authorized entities as for profit corporations, limited liability companies, limited liability partnerships, and limited partnerships, including limited liability limited partnerships.
Each registered agent must file a written statement accepting the appointment, in the form the Department of State requires. The statement must say that the agent is familiar with and accepts the obligations of the position. The agent's main duty is to forward any process, notice, or demand received for the company to the most recent address the company supplied.
There is a consequence for noncompliance. Under section 605.0113(5), a company that has not complied may not prosecute or maintain a court action in Florida until it complies and pays required amounts, which may include a court ordered penalty. Owners outside Florida often use a commercial agent, as discussed in whether an out of state owner can run a Florida LLC.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.
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