Introduction
In Minnesota, all limited liability companies (LLCs) are required to have a registered agent. A registered agent is a person or business entity responsible for receiving important legal documents, such as tax notices, lawsuits, and official government correspondence, on behalf of the LLC. However, there may be situations where you need to change your registered agent. This article will guide you through the process of changing a registered agent in a Minnesota LLC.
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Step 1: Understand the requirements
Before proceeding with changing your registered agent, it is important to understand the legal requirements set forth by the state of Minnesota. According to Minnesota Statutes Chapter 322C, every LLC must have a registered agent who is either:
- A resident of the state and an individual
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- A domestic or foreign business entity authorized to do business in Minnesota
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Once you comprehend these requirements, you can proceed to the next step.
Step 2: Choosing a new registered agent
The next step is to select a new registered agent for your Minnesota LLC. The registered agent must be willing to assume the responsibilities and obligations that come with the role. Here are some considerations when choosing a new registered agent:
1. Eligibility: Ensure that the individual or business entity you choose meets the requirements laid out by Minnesota law.
2. Availability: The new registered agent must have a physical address in Minnesota and be available during regular business hours to receive important mail or legal documents on behalf of your LLC.
3. Responsibility: The registered agent should be reliable and trustworthy in handling confidential information and legal documents.
Once you have identified a suitable new registered agent, you can proceed to the next step.
Step 3: Informing the Minnesota Secretary of State
To officially change your registered agent, you need to submit a "Statement of Change of Registered Office or Registered Agent" form to the Minnesota Secretary of State. Here's how to do it:
1. Download the form: Visit the Minnesota Secretary of State's website and navigate to the "Business & Liens" section. Look for the "Forms" tab and search for "Statement of Change of Registered Office or Registered Agent" form. Download and print the form.
2. Fill out the form: Complete the form with accurate information. Include your LLC's name, business registration number, and the new registered agent's name and contact information.
3. Sign the form: Sign the completed form as either a manager or authorized member of the LLC.
4. Filing fee: As of writing this article, the filing fee for the "Statement of Change of Registered Office or Registered Agent" form is $50. Ensure that you include the payment with the form.
5. Submit the form: Mail the completed form and the filing fee to the Minnesota Secretary of State's office at the address provided on the form. It is advisable to send the document through certified mail or a reliable courier service for tracking purposes.
Step 4: Notify the previous registered agent
After successfully completing the necessary paperwork, you must notify your previous registered agent of the change. Although it is not a legal requirement, it is a common courtesy to inform them formally. Send a written notification via certified mail or email, requesting them to relinquish their role as the registered agent for your Minnesota LLC.
Conclusion
Changing the registered agent in your Minnesota LLC may seem like a complicated process, but by following these steps, you can ensure a smooth transition. Remember to carefully choose a new registered agent, comply with all legal requirements, and inform the Minnesota Secretary of State once the change is made. Taking these steps will not only maintain legal compliance but also provide your LLC with a reliable registered agent to handle important correspondences effectively.
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