Under Oklahoma law, a registered agent is
Why Is It Important To Have A Registered Service Agent?
First, because Oklahoma law places a legal obligation upon your LLC to have one. Second, because if your LLC ignores the law, then there can be consequences and penalties. Third, if your LLC doesn’t designate a registered agent, the State of Oklahoma will pick one for you. In this case, the Secretary of State is typically appointed by default.
Stop and consider your business needing to timely know about critical and crucial legal notices. Do you want official correspondence and paperwork going just any old place? FYI – that’s a rhetorical question meaning there’s really no need to answer it. If you aren’t concerned with the actual receipt of legal proceedings, tax compliance documents, and other notices, then you should begin to
Legal and official notices usually carry deadlines. So if you don’t receive the document, then you may well miss the deadline and face the ramifications and consequences. Most government regulators and entities aren’t fond of being ignored. These authorities have been known to get attention with fines, penalties, fees, and interest that accrues. Do you want to find out your failure to respond
Your registered service agent is likely the person who will be served if an attorney files a lawsuit against your LLC. In the Oklahoma district courts, you have 20 days from the date you were served with a lawsuit to file an answer or response. If you don’t timely respond to the lawsuit, the court can enter a default judgment. This is just a fancy way of saying, you just lost in court! The other side wins because you didn’t take prompt action and respond in time.
Can I Be The Registered Agent For The LLC?
We’ll first respond to the question by asking, “Do you really want to be the registered service agent for your LLC?” Yes, you probably can be appointed to be the service agent. But, there can be some reasons why it’s better to pick someone else. You have to consider and decide what is best for your LLC and your specific business.
For some, having a third-person serving as the service agent gives control to situations that might be better kept a little more confidential. In some companies, a process server announcing to the receptionist that he has legal papers to serve you doesn’t work well. The receptionist might spread the news that the company has been sued through the employee grapevine in nothing short of a social media burst! The receptionist’s version of the details may cause concerns among staff making them uncomfortable. Or worse, it could possibly give them a reason to begin looking for another job.
If you designate an outside third-party to receive these papers for you, then prearranged instructions on who will be told and how the information will be presented can be set up. Some LLC members and managers elect to have the LLC lawyer serve as the registered agent. This can be a good idea for a couple of reasons. Attorneys tend to be diligent about legal matters and understand the priority that must be given legal proceedings. For some LLCs, the lawyer is going to be consulted anyway. Therefore, having the papers dropped by the law firm saves a step for the LLC manager.
If you don’t have an attorney for your LLC, you might arrange to meet us to discuss the situation. But, if you flat out try to avoid lawyers for any purpose, there are independent
Charges vary, but interestingly the cost for a third-party who is a lawyer is about the same as the charge of many non-lawyer service agents. On the whole, a registered agent is going to run $150 to $250 per year. It can be higher if you get sued a lot or have a high volume of deliveries.
What If I Want To Change To Some Other Registered Agent?
Your LLC has the right to switch to a different registered service agent at any time. You are not locked into the person just because you picked them. However, if you entered an annual contract, you still may be obligated to pay for the year. You will have to read the contract to find out what it says about early cancellation.
How Frequently Do I Have To Appoint A Registered Agent?
If you use a third-party provider for your LLC, the typical contract is for one year. So if you’re using someone other than yourself, then your LLC will need to renew the agreement each year. But, most of the third-party providers and lawyers are going to reach out to you in advance to let you know there is a need to reappoint them and enter into a new contract.
Why Not Do It Myself?
You probably can serve as the registered agent for the LLC if that’s what you want to do. However, it’s good to remember that a process server walking up to you in a restaurant with your best customer sitting there may be slightly embarrassing. Imagine the stares of the other golfers when some guy comes jogging across the greens and hands you a bunch of legal papers saying that you just got sued.
If you travel much, then you will also be expected to make arrangements for a substitute in your absence. A registered service agent can’t just go hide out to avoid service of process and receipt of notices. So if you spend three weeks a year outside of Oklahoma, you’re not going to be allowed to ignore your obligations as the service agent.
Additionally, there can be a tendency for the service of papers to carry a heavy emotional impact. The delivery is typically sudden and many times completely unexpected. Therefore, the delivery can be particularly troubling and upsetting. It’s never going to be good news when you find out from any source that you’ve been sued. However, being told by a trusted advisor who already has some options for you to consider can seem less problematic for you and your LLC.
What Does Your Law Firm Charge To Act As The Registered Agent For My LLC?
We put our standard charges online. Bear in mind, there can be exceptions that apply. For instance, we usually want you to be a firm client. We like to know you, how to reach you, and work out the details.
We need your cooperation in order for us to act as the registered agent for the LLC. The details of how to let you know about materials
If your LLC is always being sued and getting loads of service of process, we will have to discuss the volume of activity and set a fair charge.
Knowing the law in Oklahoma can make all the difference in reaching the best decision. If we can answer any questions for you about a suitable registered agent for your LLC, Oklahoma laws related to operating an LLC, or assist you in another way, please feel free to contact us to schedule an appointment.