Long story short, my cousin was doing my registered agent stuff for free but he's moving to Arizona next month. I operate a small online shop out of my apartment in Columbia and need to switch to someone local or one of those companies. Do I have to file anything with the state? Will my LLC explode? Kidding, but I really don't want to mess this up. Also does the new agent have to sign something?
Registered Agent
What happens if I change my Missouri LLC's registered agent?
It won't explode but the state does want to know. You file a change of registered agent form with the Missouri Secretary of State. Pretty straightforward, it asks for the old agent, the new one, and the new agent has to sign consent. I think you can do it online now
This. Just go to sos.mo.gov and search "change of registered agent." Make sure your cousin actually resigns or at least knows, otherwise you might have two agents on record for a bit. Not the end of the world but avoid confusion.
Wait, can the registered agent be the owner? I use myself for my LLC and was told that's fine in Missouri. If your cousin is moving maybe that's an option unless you want privacy.
Yep, you can be your own agent in MO. Only catch is your address becomes public record for service of process and the the annual report notices.
Oh interesting, I didn't even consider being my own. My apartment address is already on the the annual report though, so privacy is kind of a moot point. Maybe I'll just do that and save the fee. Is there any downside besides getting served papers at home?
Downside is if you're ever out of town and someone tries to serve you, the timing can get annoying. A service like Northwest or registeredagentsinc gives you a business address and scans documents. For a tiny shop it's honestly a preference thing. I pay $39 a year mostly so I don't miss state mail.
39 bucks a year to not have strangers knocking on my door with legal papers? Sign me up. My old roommate used himself and got served at 7am on a Saturday. Not a fun wake-up.
Ha, fair point. Honestly the annual report reminder alone might be worth it. I almost forgot mine last year and my cousin bailed me out.
One thing nobody mentioned: check your operating agreement. Some LLCs require a vote or member consent to change the registered agent. Probably not an issue for a single-member LLC but worth a glance if you have partners.
Seconding the operating agreement thing. Mine had a weird clause that said any change to the agent had to be signed off by all members. Took me a week to track everyone down for a stupid form.
Also don't forget to update your address with the IRS if the agent change coincides with a mailing address change. Different form, way less fun. Ask me how I know, though.
How do you know, midwestmosey?
Because I moved my LLC mail to my agent's office, and forgot the IRS still had my old apartment. Got a love letter about a missing 1099 six months later. Learn from my chaos.
Okay this turned into a checklist I didn't know I needed. Filing the form this week, probably hiring one of the cheap services so I stop relying on relatives. Thanks all.