QUESTION:
I am in the process of starting my own business. It is an internet based business, but I still need to fill out all of the state forms for a LLC. I am filing in Connecticut and am a resident of Connecticut.
I have a
- federal tax ID number
- certificate for Sales and Use tax (re-seller)
Now I am filling out the Articles of Organization and am stuck. What is Appointment of Statutory Agent for Service of Process??
ANSWER:
Statutory agents, in some states known as registered agents, are appointed third party agents that receive service of process for a business when a legal proceeding has been initiated against a company. It is mandatory that an incorporated business have a registered agent at all times; not having one can be grounds for the revocation of a business’ legal status.
In the United States, the need for registered agents was necessitated by the provisions provided by the Fifth and Fourteen Amendments of the United States Constitution, which prohibits the federal government and state governments from depriving any person of life, liberty or property without due process of law. So, in any service of process procedure, the recipient would by law, need to be notified of their constitutional rights to due process of law, before any action can be taken against them.
The person appointed as your statutory agent needs to be registered with your respective state government and must sign an agreement that they will maintain their position and be available during business hours. The registered agent must also maintain a valid physical address within the state your corporation is licensed.