All business entities operating in Tennessee must maintain a registered agent. It’s the law. But, luckily there are lots of affordable options available that offer more than just the basic requirements of the law. We’ll explain why you need one and how to find the right Tennessee registered agent (hint: it might be you).
A Tennessee registered agent is a person or company that receives legal and state communications on behalf of a company doing business in the state of Tennessee.
The registered agent ensures that your company can always be contacted by the Tennessee Secretary of State and that in the case of a lawsuit your company can always be reached for service of process.
These business structures require a Tennessee registered agent:
These business structures don’t require a Tennessee registered agent:
Since the state of Tennessee does not require a principal business address to be listed on formation documents, it would be possible for a company to exist in Tennessee with no way of contacting them in the case of a lawsuit or inquiry by the state. It would be chaos.
But that’s what a registered agent does for the state. How can a registered agent help your business?
So there is this requirement that you maintain a registered agent for you business in Tennessee, but it’s also important to understand that you can use a registered agent for your own benefit. A registered agent can help you to keep your personal data private of public records, keep your business in good compliance, register your business with the state, and more. Read on to learn how.
A registered agent must meet several requirements, and it’s possible to act as your own Tennessee registered agent if you meet them – we’ll get into down below if you want to go that route. So, if it’s possible to be your own registered agent, then why do so many companies hire one? It’s because in most cases the benefits of having a commercial registered agent far outweigh the cost.
Below are the main reasons people hire a Tennessee registered agent instead of serving themselves.
If you’re trying to create an anonymous LLC, a commercial registered agent is imperative. But even if you’re not trying to be anonymous (most businesses want the opposite of anonymous), you’ll still benefit from the privacy offered by a commercial registered agent (especially if you have your business formed by a registered agent). This is because of what happens to your data once it’s in a public database.
Don’t think of your registered agent as a mail service, think of it as a privacy buffer between your business and bad actors
The reason you want to hire a commercial registered agent before or while you’re forming your Tennessee company is they’ll use their address instead of yours on the Certificate of Formation. This little privacy trick is going to pay dividends for your company for years to come by keeping your own name, address, and phone number off of public records.
Your Registered Agent Should Also Register Your Company With the State
Take a look at this Tennessee Certificate of Formation. If you serve as your own registered agent, you’ll list your name and physical address. You’ll also sign the document. That information goes into a public data base, which spammers and scammers and anyone can access.
But if you hire a commercial registered agent, it’s their information that goes to the state and the public. This allows you to control your public exposure. It allows you to keep your LLC separate from your personal self.
If you’re business is based out of your home then you definitely want to hire a registered agent. You do not want anyone to be able to Google your LLC and come back with your home address. Remember, you cannot use a p.o. box or virtual office as your registered agent address. It must be a physical address. If you are being sued or dealing with an irate customer, you want them to have to reach you through your registered agent. This is worth the money.
If you are doing business in Tennessee, but your company is based in another state, principal office is not in Tennessee, you’ll likely need to hire a Tennessee registered agent. The exception to this is if you maintain a staffed office in Tennessee and one of your staff members will act as authorized signer of your registered agent documents.
A good Tennessee Registered agent offers much more than the basic requirements of the law. The mechanisms of an LLC or Corporation are minimal but crucial. The consequences of missing a few notices from the state could mean your LLC gets dissolved. A Tennessee registered agent eliminates this risk in a very convenient, very affordable way.
A good Tennessee Registered Agent will keep you abreast of compliance deadlines. For example, Tennessee does not require an annual report for LLCs, but they do require a flat $300 fee to be paid. If you forget to pay this fee, your LLC could be dissolved by the Tennessee Secretary of State, and you could lose the limited liability status of your company. Imagine forgetting this simple administrative task and because of that, exposing your personal assets to legal attack.
A commercial registered agent will automate this process and inform you exactly when this annual tax is due (they’ll also file it for you for a small fee). This allows you to go about the task of running your business, so that you’re not bogged down by trivial but crucial minutia.
A registered agent in Tennessee may be the business owner themselves, a resident of Tennessee, or a legal entity with a physical address in Tennessee.
Are the following all true? Then you can legally serve as your own Tennessee registered agent.
If you can meet these requirements, simply list your name and physical address on the registered agent portion of your formation documents. You don’t need to prove that you meet these qualifications. However, if you fail to receive a state communication or legal notice, your LLC could be dissolved or you could lose the limited liability protection of your LLC.
If you have an existing registered agent and want to change your registered agent to yourself, follow these instructions to change your Tennessee registered agent.
You can find a complete list of Tennessee registered agents on the Tennessee Secretary of State, but here are two that we think do a really good job.
There is no fee associated with serving as your own registered agent, but it typically costs between $100-$300 per year to hire a commercial registered agent (though we know of a good one that costs only $29/year).
Checkout our recommendations below.
Tennessee Registered Agent ($49/year) Tennessee Registered Agents have been in the game for a long time, spend almost no money on advertising, and offer about the lowest rate out there. We recommend them if you have an existing company and are able to handle annual reporting on your own.
Northwest Registered Agent ($125/year) These guys will form your LLC for $39, and will also list their address instead of yours wherever possible on the Articles of Organization. This is an actual huge benefit, even if your not all that concerned about anonymity. The amount of junk mail and spam calls you’ll avoid alone is worth this benefit. Your company’s registered agent is a matter of public record. If you look up an LLC, what you’re going to find is the company’s registered agent phone number and physical address. Spammers love this list. Disgruntled people love this list. Believe me, I still get spam phone calls for the first company I formed over 10 years ago.
These are the added benefits that Northwest Registered Agent offers:
There are relatively few barriers to entry for being a commercial registered agent in Tennessee. A person really must only have a physical address they agree to be at during business hours to receive and forward service of process. Many law offices and individuals offer registered agent services for this reason. But a good online service does a lot more than just forward your mail. And often for a lot less than law offices do.
Expect a good registered agent to:
In Tennessee, the role of a registered agent in an anonymous Tennessee LLC is similar to that in any other type of business entity. A registered agent plays a critical role in the formation and ongoing operation of an LLC, even if the LLC desires to maintain a level of anonymity. Here’s an overview of the role of a registered agent in an anonymous Tennessee LLC:
Legal Requirement: Tennessee, like most states, requires all LLCs to have a registered agent with a physical address in the state. The registered agent’s main responsibility is to serve as the LLC’s official point of contact for receiving legal documents, tax notices, government correspondence, and lawsuits on behalf of the LLC.
Anonymity: In an anonymous Tennessee LLC, the anonymity typically pertains to the ownership and management of the LLC, rather than the registered agent. While the owners and managers (members and managers) of the LLC can remain anonymous through various legal structures and arrangements, the registered agent’s information is usually public and available in the state’s records.
Privacy Protection: Maintaining anonymity in a Tennessee LLC typically involves the use of nominee services, trust structures, or other legal entities to hold ownership interests on behalf of the true owners. These arrangements are designed to protect the privacy of the LLC’s members or managers while still complying with Tennessee law.
Business Operations: The registered agent’s role is primarily limited to receiving and forwarding official documents on behalf of the LLC. They do not have decision-making authority or responsibilities related to the day-to-day operations of the LLC.
Legal Compliance: An anonymous Tennessee LLC must still operate within the bounds of the law and fulfill all tax and reporting requirements. While anonymity may be maintained for ownership, legal authorities can still access certain information through appropriate legal processes when necessary.
Absolutely. In Tennessee, as in many states, LLCs are mandated to have a designated registered agent. This agent’s role is to accept official and legal communications on the LLC’s behalf.
To locate a trustworthy registered agent in Tennessee, begin by searching the Tennessee Secretary of State website or using online business directories. Examining customer testimonials, service offerings, and fee structures will aid in making an informed decision. Ensure the agent maintains a physical presence within Tennessee and upholds a positive track record.
Or take a look at our registered agent reviews!
No, a registered agent does not need to own the building they work out of. A registered agent is a person or business entity designated to receive legal documents and official mail on behalf of a corporation, LLC, or other business entity. The primary requirement for a registered agent is that they have a physical address in the state where the business entity is registered and that they are available during normal business hours to receive legal documents and official mail.
The registered agent’s address is used for important legal and administrative purposes, such as receiving lawsuits, tax notices, and other official correspondence. It is not necessary for the registered agent to own the building where they receive these documents. They can use their own business address or a third-party registered agent service’s address as long as it meets the legal requirements of the state in which the business is registered.
In many cases, businesses use professional registered agent services that specialize in providing this service, and these services often have their own offices or designated addresses for this purpose. It’s important for the registered agent’s address to be accurate and reliable to ensure that legal documents are received in a timely manner.
The role and responsibilities of a registered agent are generally the same for both LLCs (Limited Liability Companies) and corporations. However, there may be some slight differences in terminology and requirements depending on the state in which the business is registered.