I am filing a Registration of Limited Liability Company with the secretary of state to form my holding company for a multi-fam that I own.
When filling out the form it reads…
…hereby appoint the following to be statutory agent upon whom any process, notice or demand required or permitted by statue to be served upon teh LLC may be served. The name and address of the agent is:…
This is going to be a single member LLC (yours truely). My question is, can the agent be the same as the authorized representative? Do I want it to be the same?
Thanks for the feedback.
OHLandlord
Can be the same. No prob.
An agent must be a real person, at a real address in case the state needs to serve the company with papers so they know where and who to serve them to.
The representative is just who is filling out the papers. When I am performing that service for a client, the individual is the Agent; I am the representative.
That makes perfect since, that is what I was looking for. Thanks!!!
CHEERS
OHL
Just to piggyback on Mark’s response, you are the agent for service of notice, but only an attorney can represent your LLC in court. Unless you are also an attorney, you will need to hire an attorney to represent your LLC in court.
As the agent and Authorized Rep, I can appoint an attorney to represent my LLC correct? They are not actually listed anywhere when I form the LLC?
OHL
Correct.
Only an attorney can represent the LLC in court if the agent is ever served notice. You (as a layman) can represent yourself in court but “pro se” representation is not allowed for your LLC.