Registered agents in Georgia can be either an individual or a formal entity, such as a corporation or a Limited Liability Company (LLC).
They must also be residents of Georgia or have the authorization to operate in the state.
Finally, registered agents in Georgia need to be available during normal business hours to accept important papers, such as legal service of process.
Requirements to Be a Registered Agent in Georgia
The requirements for becoming a registered agent in Georgia are fairly straightforward to meet. An individual that wants to become a registered agent must meet two primary requirements:
- Be a resident of Georgia; and
- Be available during normal business hours to receive legal and other official documents
There could also be secondary requirements, but they depend on if the registered agent is a for profit corporation (O.C.G.A. §§ 14-2-501 and 14-2-1507), nonprofit corporation (14-3-501 and 14-3-1507), foreign limited liability partnership (14-8-46), limited partnership (14-9-104 and 14-9-902.1) or LLC (14-11-209 and 14-11-703).
For example, if the registered agent is a foreign legal entity, they may also need to have legal authorization to transact business in Georgia.
Who Can Be a Registered Agent in Georgia?
Georgia’s requirements for being a registered agent are similar to most other states. However, specific requirements depend on the type of Georgia organization seeking the services of a registered agent.
Domestic Profit and Nonprofit Corporation
The registered agent of either a domestic for-profit or nonprofit corporation must be:
- An individual or entity that resides in Georgia;
- A domestic corporation or LLC; or
- A foreign corporation or LLC that’s authorized to do business in Georgia
Foreign Profit and Nonprofit Corporation
The registered agent of either a foreign for-profit or nonprofit corporation must be:
- An individual who resides in Georgia and has a business office that’s the same as its registered office;
- A domestic corporation or LLC; or
- A foreign corporation or LLC that’s authorized to do business in Georgia
Domestic LLLP (Limited Liability Limited Partnership) or LP (Limited Partnership)
The registered agent of a domestic LLLP or LP must be:
- An individual that resides in Georgia;
- A domestic corporation or LLC; or
- A foreign corporation or LLC that’s authorized to do business in Georgia
Foreign LLLP or LP
The registered agent of a foreign LLLP or LP must be:
- An individual that resides in Georgia;
- A domestic corporation or LLC; or
- A foreign corporation or LLC that’s authorized to do business in Georgia
Domestic LLC
The registered agent of a domestic LLC must be:
- An individual that resides in Georgia;
- A domestic corporation or LLC; or
- A foreign corporation or LLC that has a certificate of authority to do business in Georgia.
Foreign LLC
The registered agent of a foreign LLC must be:
- An individual that resides in Georgia;
- A domestic corporation or LLC; or
- A foreign corporation or LLC that has a certificate of authority to do business in Georgia.
Foreign LLP (Limited Liability Partnership)
The registered agent of a foreign LLP must be:
- An individual that resides in Georgia;
- A domestic corporation or LLC; or
- A foreign corporation or LLC that’s authorized to do business in Georgia.
Can I Be my Own Registered Agent in Georgia?
Yes, as long as you meet Georgia’s registered agent requirements. Remember that it’s not always easy or practical to serve as your own registered agent.
Can the Founder of a Nonprofit Be His Own Registered Agent in Georgia?
Yes, as long as the founder can meet Georgia's individual registered agent requirements.
Who Should I Appoint as a Registered Agent in Georgia?
The answer to this question depends on the circumstances surrounding your business or organization, such as how and where your business operates. As a result, there are advantages and disadvantages to choosing one person or entity over another to serve as your registered agent.
For example, if you do business in more than one state, you should look into hiring a registered agent service. This company will have the resources and expertise to meet its professional and legal requirements of each state in which they provide registered agent services.
That being said, if your company is really low on money, you’re always at the registered address, and you only operate in a single state, then it might be worth considering serving as your company’s registered agent.
Conclusion
The legal requirements for registered agents in Georgia are fairly easy to meet. However, there could be practical reasons why you might pick a particular person or company to be a registered agent.