Nevada Corporation Registered Agent – Why Must I Have One?

September 19, 2004
By Richard Smith

Every legal corporate entity in Nevada is required to have a Nevada Corporation Registered Agent, regardless of whether or not that corporate entity has a physical presence in the State of Nevada. In short, the requirement to have a designated registered agent is in order that the agent may receive official state correspondence and also notice in the event that the corporation is served with a lawsuit. In other words, the agent is a legal requirement established for the benefit and protection of consumers of the corporation, or those who may be harmed by any of the products and services offered by the corporation. It is not, nor is it intended to be, for the benefit of the corporation.

To this end, each registered agent of a Nevada corporation must comply with the following state designated requirements:

• be either a natural person or corporate entity, provided they reside or operate a business in Nevada;
• maintain an actual street address in the State of Nevada – to this end, a P.O. Box is not considered sufficient;
• maintain a business office in Nevada, which must be open during normal business hours; and
• sign a Certificate of Acceptance on the Articles of Incorporation for the entity it is serving as agent.

Who to appoint as resident agent? Whilst any state resident, provided that they have a physical street address and have signed the Certificate of Acceptance, can serve as agent, due to the nature of the documents likely to be served on the agent, it is generally more advisable that the corporation elect someone who is close to the business – such as a director, officer, or employee - or considered trustworthy, to ensure the swift delivery of any documents served: and being the pertinent reason for having an appointed agent in the first place. To do otherwise may result in the corporation not taking physical delivery of important documents and correspondence. Nonetheless, if you intend to establish a corporation in Nevada, and do not intended to maintain a physical presence in the state, a number of service providers offer this service for a small fee.