Registered Agents for Virginia LLCs
The Virginia State Corporation Commission requires every VA LLC to have a Registered Agent. Once you have assigned a Virginia Registered Agent, they can receive official correspondence and documents on behalf of your VA business. Registered Agents can be individuals or other specialized Registered Agent service businesses.
Your LLC must have a Virginia Registered Agent at all times. You can appoint a Registered Agent when you first start your business. You can also replace your existing VA Registered Agent at a later date, provided there is a smooth transition between the old and new Registered Agent service.
What the Virginia State Corporation Commission Says About Registered Agents
Here’s some important information from the Virginia State Corporation Commission on VA Registered Agent services:
Every Virginia and foreign business entity authorized to transact business in Virginia is required by law to continuously maintain in the Commonwealth a registered office and a registered agent. The sole statutory duty of the registered agent is to forward to the business entity at its last known address any process, notice or demand that is served on the registered agent. A business entity may not have, at any given time, more than one person serving as its registered agent in Virginia.”
Virginia LLC Registered Agent Rules
There are certain rules that you must follow when you’re appointing a Virginia Registered Agent service for your business. They are:
- If the Registered Agent is a person, they must reside in Virginia
- If the Registered Agent is a business, they must be able to conduct business in Virginia
- The Registered Agent must have a physical street address in Virginia, not a P.O. Box.
- The VA Registered Agent must be available in person during normal business hours to sign for any correspondence.
Note that the VA Registered Agent address does not need to be the same as your Virginia LLC business address.
What to Expect from a Virginia Registered Agent Service
What can you expect from your Virginia Registered Agent? Their main function is to accept official documents and correspondence from the VA State Corporation Commission. This may include:
- Correspondence from the Virginia State Corporation Commission
- Service of process notices (e.g., if your VA LLC is sued or required to appear in court)
- Official Virginia state and federal government correspondence and notifications
- Tax forms and requests to complete permits, company filings and reports
Incfile Provides a Free Virginia Registered Agent Service for the First Year
If you have an LLC that’s incorporated in Virginia and you need a VA Registered Agent, we can help. Incfile provides a complete Registered Agent service for any Virginia business. If you form your business through Incfile, we’ll act as your Registered Agent free for your first year (normally a $119 annual cost).
We are authorized to conduct business in Virginia and can legally act as your Registered Agent. Here’s what the Incfile Virginia Registered Agent service provides for your VA LLC:
- An always-available Virginia Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf
- A digital dashboard where you can access, store and retrieve any information we’ve received for your Virginia business
- Email notification whenever we receive documents for your Virginia business
- Automatic forwarding of all legal correspondence, documentation and information directly to you
Appointing a VA Registered Agent Service for Your Virginia LLC
You can appoint a Registered Agent when you first incorporate your Virginia LLC or at any point after that. Here’s how to go about it.
Appoint a VA Registered Agent Service When You Create Your Virginia LLC
Your business needs to have a Virginia Registered Agent Service as soon as it’s formed. You can achieve this through one of the following methods.
You will need to include details of your Registered Agent in your Articles of Organization. This is the form that you file with the VA State Corporation Commission to formally create your business.
When you incorporate through us, we complete and file your Articles of Organization based on the information you’ve provided. Additionally, we give you a free Virginia Registered Agent service for the first year, and we’ll include details of your VA Registered Agent in the form that we file.
Change Your Virginia Registered Agent After Your LLC Is Formed
You can also change your VA Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.
Once you’ve chosen a new Virginia Registered Agent, you can complete a “Statement of Change of Registered Agent and/or Registered Office” form that’s available on the VA State Corporation Commission website. After you’ve filled it out, send it to the State Corporation Commission so they can update your records.
When you choose to use our VA Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and send it to the Virginia State Corporation Commission. We’ll let you know once we officially become your Registered Agent.
Virginia Registered Agent Search
In some situations, you might want to know the name of the Registered Agent that represents another Virginia LLC. If you do, you can search the business database of the Virginia State Corporation Commission, which will often provide details of a specific business’ Registered Agent.
If the VA Registered Agent isn’t available from the searchable business registry, contact the Virginia State Corporation Commission requesting the information.
The Problems Caused When You Don’t Appoint a Virginia Registered Agent Service
What happens if you choose not to assign or provide details of a Registered Agent to the Virginia State Corporation Commission? There are several possible ramifications, including:
- Getting served or sued and not finding out about it: If your LLC is sued and you don’t know about it, you could lose to a default judgment in your absence.
- Falling out of good standing with the Virginia State Corporation Commission: If you don’t respond to certain correspondence (like the request for your Annual Report), certain states may revoke your right to do business.
- Losing your status as a Virginia LLC: A VA Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your Virginia LLC may be dissolved.
Can I Be My Own Registered Agent in Virginia?
If you have an address in Virginia, you can choose to be the Registered Agent for your LLC. We don’t recommend this approach, as there can be some drawbacks:
- The VA Registered Agent must have a physical street address in Virginia. If you’re forming an LLC outside VA, you will need to use an in-state Registered Agent.
- You always need to have someone on hand during business hours at the Virginia address to sign for important documents.
- The VA Registered Agent’s name and address are part of the public record and available through the Virginia State Corporation Commission's website. If you would prefer your name and address aren’t published, you might choose a Registered Agent service.
- If you change your Virginia business address or move out of state, you would need to file additional documentation with the VA State Corporation Commission for the new address if you act as your own Registered Agent. This would not be the case if you use a Registered Agent service, making a move or address change much simpler.
FAQs About Virginia Registered Agents
Yes. All VA LLCs are required to have a Registered Agent. This is mandated by the Virginia State Corporation Commission.
You can either do it when you incorporate your Virginia business through paperwork filed with the VA State Corporation Commission, or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.
Yes, but we don’t recommend it for the reasons listed above. If you still want to be your own Registered Agent, you just need to fill in the correct forms and pay a fee to the Virginia State Corporation Commission.
Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.
Useful Resources for Virginia Registered Agent Services
You might find these resources helpful: