Unless you operate a sole proprietorship or general partnership, you must designate an agent for service of process with the California Secretary of State. Also known as a registered agent in other states, this is a person or business that essentially acts as the official, legal point of contact for your business.
While you can appoint someone within your company to act as your agent (including you), many businesses use a California registered agent service for a few reasons—explained below.
What is an agent for service of process, and what do they do?
An agent for service of process is an individual or a corporation designated by a business entity to receive official legal documents, such as lawsuit papers and subpoenas.
The agent's duties are to:
- Maintain a street address in California (not a P.O. Box, a private mailbox, or mail service).
- Be available at that address to receive service of process for the business.
- Notify the business owner of any papers received and forward them accordingly.
Any business entity required to register with the California Secretary of State (SOS) must appoint an agent for service of process, including corporations, limited liability companies (LLCs), limited partnerships, and limited liability partnerships (LLPs).
Extra services offered by professional agents for service of process
Besides receiving official documents, California registered agent services sometimes offer additional services. Here are some examples.
- Document scanning: Turn your important records and documents into digital files.
- Mail forwarding: Send your business mail wherever you need it, locally or internationally.
- Time-sensitive mail alerts: Find out right away when important documents arrive.
- Junk mail filtering: Keep your business correspondence focused on what you need to address, not throw away.
You can get many of these services in California with LegalZoom’s registered agent service (not to mention other benefits like compliance reminders sent directly to your email). And, if you use LegalZoom’s Virtual Mail, you can view and manage your mail remotely with a business address of your choice.
What are the legal requirements for a California agent for service of process?
An agent can be a person or a company that provides agent services. Under CA Corporations Code Sec. 17701.13, which governs LLCs (and reflects similar California registered agent requirements for other business entities), an agent for service of process must meet certain requirements.
Individual agents must:
- Be a California resident.
- Have a physical street address in California.
- Be available to accept service of process.
Corporate agents must:
- Be a corporation authorized to conduct business in California.
- Complete Form 1505 to register as a corporate agent before offering services.
- Maintain active status with the California SOS.
For individuals, you have the option to designate an "in-house" agent. This is typically an owner or employee of the company, using the street address of the entity's main office in California.
Why should you hire a California agent for service of process?
While you can appoint yourself or someone within your company to act as an agent, you might want to hire a professional for the following reasons:
Legal compliance
As discussed, an agent for service of process must be available at their listed physical address during all business hours. Professional agents have staffed offices specifically to meet this requirement. This is especially helpful if:
- Your business is organized in another state, and you will be doing business in California but do not have a regular office there.
- You travel frequently.
- Your business operates outside normal hours.
Put simply, a professional outside agent knows how to comply with California laws (plus, your clients and employees won’t be present if any legal papers are served).
Privacy
When you file documents with the California SOS, the information becomes public record—including the name and address of your registered agent. While the risk of this information being used maliciously is relatively low, publicizing your personal details can still lead to unwanted consequences.
Most commonly, business owners who list their personal information open themselves up to junk mail and business solicitations. With a professional agent for service of process, however, you can keep your personal information more private.
Separation between your business and personal life
A professional agent helps maintain a clear line between your company and personal affairs. Legal documents, court summons, and other official correspondence go directly to your agent—eliminating awkward moments when sensitive paperwork arrives at inconvenient times or places, such as in front of customers and clients.
Added services and benefits
As discussed, professional services typically bundle in valuable extras that you wouldn't get by appointing yourself or someone you know. For reference, LegalZoom’s Registered Agent Services come with the following perks:
- Instant alerts when important documents arrive
- Secure cloud storage and digital document access
- Built-in compliance tracking with automatic filing deadline alerts
Who should hire a professional registered agent?
Business owners who value any of the following benefits might consider hiring a professional agent for service of process:
- Convenience. You prefer having a professional service to handle your legal documents and notifications.
- Boundaries and privacy. You want to keep your business matters at your California registered office and away from your personal life.
- Reliability. You want the peace of mind that comes with a professional service.
Still, there’s always the option to act as your agent or appoint someone you know.
How to hire a California registered agent
LegalZoom makes it easy to get an agent for service of process in California. Simply tell us your business name, share some basic information, and let us handle the paperwork with the California SOS. Plus, we’ll cover the extra costs if you’re switching from your current agent.
FAQs
Can I be my own registered agent in California?
Yes, you can serve as your own registered agent (known as an agent for service of process in California) if you’re a state resident with a physical street address. However, you must be available during regular business hours to accept legal documents, and your address will become public record.
How much does a registered agent cost in CA?
Professional agent services in California range in price depending on the features. For reference, LegalZoom offers Registered Agent Services for $249 per year, which includes document management, compliance alerts, and privacy protection for your personal information.
How do I change registered agents in California?
If you need to update your agent's information or if you decide to change agents, you will need to report that change to the Secretary of State. To change your agent, you must file a Statement of Information, which happens every two years. If you need to change your agent outside of that time frame, there may be a fee for making the change.
Who can accept service of process for a corporation in California?
The registered agent for service of process is the primary person authorized to accept legal documents. While certain corporate officers may also have this authority, the California SOS recommends following specific guidelines for proper service of process.
Should you hire a registered agent before forming an LLC?
If you plan on hiring a California registered agent service, then you can hire one at the time that you file your LLC. Your articles of organization must include your agent’s information at the time of filing with the California SOS
Edward A. Haman, Esq. contributed to this article.