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Forming a new business can sometimes involve more than one party, each with a specific role to ensure the venture's success. Two prominent roles in this process are the registered agent and organizer. While technically, the founder can serve as both, many opt to delegate the duties. If you choose to do that, you should understand the core responsibilities of each of these roles.
This concise registered agent vs. organizer comparison explains the key differences between these roles. In this article, we’ll also introduce Harbor Compliance, a registered agent service provider with nationwide coverage.
When forming a business, you might encounter unfamiliar terms on state forms, such as registered agent and organizer, and wonder what the differences are.
An organizer is a person or organization in charge of forming an LLC. An LLC organizer is responsible for ensuring formation documents like Articles of Organization are accurate and correctly filed, but their responsibilities don't generally extend beyond the initial formation.
A registered agent is responsible for handling legal and government correspondence on behalf of a legal entity. The agent must be listed on the formation document for the state to approve it, so, like organizers, their obligations exist from the beginning. Unlike organizers, the registered agent’s duties extend beyond formation and continue throughout the business's lifecycle. As long as the business is operating, it must have a registered agent appointed on state records.
Appointing a registered agent is a mandatory legal requirement in nearly all U.S. states and territories. Most states will reject formation documents if the applying entity doesn't designate a statutory agent or revoke the organization's certificate of authority if it doesn't maintain an agent.
As the official point of contact between your business and the state, the agent helps you stay on top of legal and government notifications during and after formation. For instance, letters from the secretary of state are typically sent to your agent, who forwards them to you. Without a registered agent, your business would miss important notifications, resulting in the following:
To serve as a registered agent, individuals or organizations must meet several regulatory requirements, depending on the specific state where the business operates.
In most states, you have three options when appointing a resident agent:
Beyond meeting these basic criteria, a statutory agent must have a physical address in the state where the business is registered—P.O. boxes and virtual offices are not accepted. A physical address ensures your agent can receive government documents in person and forward them promptly to the appropriate individual in your organization.
A registered agent's primary responsibility is receiving and forwarding legal documents. Still, some agents may offer other services as an additional value-add, which may include:
An organizer is an individual or organization that takes the lead in setting up a new business. They are responsible for preparing the legally required documents during entity formation, such as Articles of Organization, and submitting them to the state.
While a registered agent must meet several state requirements, such as being a resident of the state and having a street address within the jurisdiction, qualifications for an organizer are less specific. Anyone who is authorized by the initiators of the business can act as an organizer, including the following:
The organizer must be someone who understands the business formation process and can accurately complete and file the necessary paperwork.
An organizer plays a critical role in the formation of a business. Their responsibilities include:
While the organizer's role is usually temporary, their impact on the business is long-lasting. The organizer sets the foundation for the business, and their work influences how the business operates long after formation.
Yes, a registered agent and organizer can be the same person. Commercial agent providers often offer formation services as well, filling in both the registered agent and organizer lines. This process involves no additional work since the agent either lists the client or themselves on the form.
Some agents may choose not to act as organizers, usually due to the increased responsibilities, especially if they’re individuals. Still, making your agent your organizer is generally not problematic, provided they are willing and comfortable with assuming both roles.
Yes, you can appoint an individual both as your registered agent and organizer. In most cases, the business owner lists themselves or another individual as the organizer, rather than an entity.
However, appointing an individual (whether yourself or another natural person) as your registered agent comes with several downsides. Check out the following table for more details:
| Downsides | Explanation |
|---|---|
| Limited availability | If the individual is out of the office due to an emergency or other commitments, you could miss time-sensitive correspondence. |
| Privacy concerns | If you serve as your own agent, your address will become a public record, which can lead to inconveniences, such as receiving junk mail or being served in front of family members or business associates. |
| Resource limitations | An individual might not have the resources to manage these responsibilities effectively, especially for larger businesses. Whether you're considering yourself or another individual for the role, it can put a lot of pressure on one person. |
| Potential for errors | Without a robust system for managing responsibilities, an individual might make errors, such as missing deadlines or missing documents. |
To avoid the setbacks of designating an individual as your agent, consider a professional service with the expertise and resources to handle the role effectively. For example, Harbor Compliance offers a robust software solution for streamlining the responsibilities of a registered agent.
Harbor Compliance's Registered Agent Service is a comprehensive solution designed to keep your business in good standing. Here's how we ensure you never miss an important notice:
We also offer ancillary features at no extra cost. When you log into the Client Portal, you'll find pre-filled state forms that simplify the filing process and minimize errors.
If you're a multistate organization, our robust software allows you to manage notices from different U.S. states and territories with ease, no matter your location.
We understand that appointing a registered agent is just one of many requirements your LLC must meet. That's why we offer additional solutions to support you every step of the way. The table below lists some of our most popular services:
| Category | Services |
|---|---|
| Expedited document management | |
| Business lifecycle support | |
| Ownership and leadership tracking | |
| Tax-related services | |
| Nonprofit formation | |
| Business licensing support |
|
Choosing an individual as a registered agent might seem like a convenient choice, but it has several downsides. Personal time off, sickness, or other obligations can lead to the agent being unavailable when important notices arrive, resulting in missed correspondence and potential legal issues for your business.
To ensure you're on top of notices, partner with Harbor Compliance. Choosing us comes with several benefits, including:
Choosing Harbor Compliance as your registered agent helps you stay on top of state requirements and provides peace of mind, knowing that your official business correspondence is in capable hands.
You can partner with Harbor Compliance under three distinct scenarios:
If you're launching a new business, you can leverage any of our three entity formation services:
Choose the service that suits your organization's structure, and we'll handle everything, including gathering and filing the required documents—such as Articles of Incorporation for profit or nonprofit corporations or Articles of Organization and appointing Harbor Compliance as your registered agent.
If you prefer to handle the registration yourself, you can still order our Registered Agent Service separately and appoint us in three steps:
Growing a business to a new state may seem straightforward, but it often comes with regulatory hurdles due to differences in statutes across U.S. states and territories. To make the process quick and effortless, you can leverage our Foreign Qualification Service. After you complete the signup wizard, we will:
If you're not satisfied with your current registered agent, our Change of Registered Agent Service can facilitate a smooth transition. You can order the service in two steps:
Below, you'll find answers to some of the frequently asked questions about registered agent regulations. If you don't find what you're looking for, visit our Information Center.
Yes. A business can have a different registered agent in each state where it's registered. However, it's much more efficient to work with a nationwide registered agent provider with offices in every state.
Yes, a registered agent can resign. If a registered agent resigns, the business must promptly appoint a new one to maintain its good standing with the state.
A registered agent must meet certain requirements, such as being a resident of the state or a corporation authorized to do business in the state. In most states, organizers only need to be of legal age. Still, they should be individuals who understand the business formation process and can accurately complete and file the necessary paperwork.
An organizer can be a non-commercial registered agent as long as they meet specific requirements, such as:
Harbor Compliance is a dependable ally for your registered agent needs and other regulatory requirements. Order our Registered Agent Service and let our team of experts handle your correspondence, giving you the freedom to focus on growing your business.
Beyond the wide range of services, we've developed a sophisticated software solution that gives you complete control over statutory obligations in multiple states. Schedule a demonstration to see it in action.
To ensure your organization meets its other legal obligations, get a free Harbor Compliance Score™. If any of our additional services interest you, reach out to us.
To learn more about the specific requirements a registered agent must meet in different U.S. states and territories, refer to the following table:
