Generally speaking, an individual or entity can serve as a registered agent in Florida if they are a resident or are an authorized entity of the state.
The registered agent must also have a physical business address that matches its registered agent address.
Requirements to Be a Registered Agent in Florida
The Florida requirements for registered agents are set out in Florida Statute 607.1507(1)(b). These requirements are similar to many other states in that the registered agent must meet two main requirements:
- Be a resident of Florida or an authorized entity of Florida; and
- Be capable of carrying out the duties of a registered agent.
To meet these requirements, the registered agent will have a business address that’s the same as its registered agent's address. This must be a physical street address, not a P.O. Box.
The registered agent must also be available during regular business hours to receive and forward notices, legal services of process, or other official documents. While not explicitly stated in the above-referenced statute, a registered agent should also be 18 years of age or older.
An authorized entity of Florida refers to an entity with an active Florida filing or registration with the appropriate government entity, such as the Florida Department of State, Division of Corporations. In cases where the registered agent is a foreign legal entity, they also need to have legal authorization to conduct business in Florida.
Who Can Be a Registered Agent in Florida?
The individuals and entities that can serve as registered agents in Florida are similar to most other states. A registered agent can be either an individual, a domestic entity, or a foreign entity.
As long as the individual or entity meets the above-discussed requirements, they can serve as a registered agent. The biggest exception is that an entity cannot serve as its own registered agent.
Can I Be my Own Registered Agent in Florida?
You can, as long as you meet the Florida registered agent requirements. Just remember that by “you,” we’re referring to you as an individual, not an entity. Also, even though Florida law allows you to be your registered agent, it may not always be easy or practical. You should be aware of the risks of being your own agent.
Can the Founder of a Nonprofit Be His Own Registered Agent in Florida?
Yes, as long as the founder can meet the Florida registered agent requirements for individuals serving as registered agents.
Who Should I Appoint as a Registered Agent in Florida?
Answering this question usually boils down to practical rather than legal considerations. This is because the requirements for Florida registered agents are usually easy to meet. Therefore, the nature of your business will usually decide who you should choose as your Florida registered agent.
For instance, if your business or organization operates in two or more states, hiring a registered agent service might be best. This is because it’s impossible for an individual to be physically present in two states simultaneously.
On the other hand, the registered agent service company can simultaneously have a presence in the multiple states you operate in and have the resources and trained employees to meet its professional and legal obligations.
But if you only operate in one state and have someone who will always be present at the business address that’s also the registered agent address, then perhaps you can assign that individual to be your registered agent.
As you can see, there are advantages and disadvantages to choosing a particular individual or registered agent service to act as your registered agent. So who you should hire as a registered agent will come down to your specific needs and circumstances.
Conclusion
Florida’s registered agent requirements are straightforward. As a result, finding someone to meet the legal requirements for registered agents in Florida is not difficult. However, there may be business or operating considerations for choosing one person or entity to be your registered agent.