To operate in Washington, D.C., any formal business entity is required to name a registered agent. Formal business entities are C-corps, LLCs, S-corps, limited partnerships (LPs), LLPs, nonprofit corporations and sometimes professional associations.
The registered agent needs to be at least 18 years old and hold a physical street address in Washington, D.C. They must be available at the address during regular business hours. Their role is to take in important legal and tax documents at that address and alert the enterprise once these documents are received.
Who Can Be a Registered Agent in D.C.?
Washington, D.C., allows a bona fide Washington, D.C., resident or a company physically located in D.C. to serve as a registered agent. The registered agent’s name and street address are required by the state to send service of process (SOP) and other vital documents to the business. SOP has to be received personally by an officer or employee of the company or their legal representative, according to Washington, D.C., law.
An organization can name an officer or employee to serve as its registered agent, in which case the company’s own address will be recorded by the state. However, few small businesses take this route because the person they appoint has to be on hand to receive vital documents during business hours, 52 weeks a year.
For home-based businesses, this creates a privacy risk because the home address will be recorded in the public record. The registered agent must update their address with the state whenever they move, which necessitates submitting a change document and paying a fee.
What Should I Do If My Registered Agent Moves?
Whenever a registered agent changes its address, it has to update its address with the Department of Licensing and Consumer Protection: Corporations Division. Doing so requires paying a fee to file a form (often called a statement of change, statement of information, articles of amendment or certificate of change) with the Department of Licensing and Consumer Protection: Corporations Division.
Note that while the state will use the new address for future document deliveries, the registered agent’s original address will be retained on your business’s Articles of Organization unless you amend it.
Does My Registered Agent Need to Consent in Writing?
Washington, D.C., does not require a registered agent to consent in writing to act as a registered agent.