Tennessee Registered Agent

Per Tennessee law, all business entities, including corporations, limited liability companies (LLCs), limited partnerships (LPs), and limited liability partnerships (LLPs), are to designate a registered agent when they register with the Tennessee Secretary of State. The registered agent must be an individual resident of Tennessee or a business entity authorized to conduct business in the state. The primary role of a registered agent is to accept legal and official documents on behalf of the business entity they represent. This includes important notices from the state, tax authorities, and legal summonses related to lawsuits or other legal actions. The agent must be available during regular business hours at the provided address to ensure that legal documents can be promptly delivered and handled. Having a registered agent allows a business to maintain privacy since the registered agent’s address will be publicly available instead of the business owner’s address. 

Is a Registered Agent Required in Tennessee?

Yes, a registered agent is required for all business entities registered in Tennessee. This requirement applies to various types of business entities, including corporations, limited liability companies (LLCs), limited partnerships (LPs), and limited liability partnerships (LLPs). Tennessee state statutes (Tenn. Code Ann. § 48-15-102) require business entities to continuously maintain a registered agent and registered office within the state. The law is designed to ensure government agencies and the public contact all businesses registered in Tennessee, especially when legal action is to be issued to a company. If a company is sued, the service of process (notification of a lawsuit) will be delivered to its registered agent. The registered agent is responsible for accepting legal and official documents on behalf of the business entity they represent, and they act as the point of contact between the company and the state government.

What is a Registered Agent in Tennessee?

A registered agent in Tennessee, also known as a statutory agent or agent for service of process, is an individual or entity appointed by a business entity to accept legal and official documents on behalf of the company. These documents can include official correspondence from the state government, tax notices, legal summons, and other legal notifications. The registered agent serves as a point of contact between the business and the state government and is critical in ensuring that important communications, legal notices, and tax documents are correctly received and handled.

In Tennessee, there are generally two types of registered agents:

• Individual Registered Agents: An individual registered agent is a person who is appointed by a business entity to act as the official point of contact for receiving legal and official documents on behalf of the company. 
• Professional Registered Agent: Professional registered agents are companies that specialize in providing registered agent services to multiple businesses. These companies are authorized to act as registered agents on behalf of their clients.

What Does a Registered Agent Do in Tennessee?

A registered agent is a crucial intermediary between a business entity and the state government. When starting a new business in Tennessee, the appointment of a registered agent is a legal requirement. According to Tennessee law (TCA § 48-15-101 & TCA § 48-208-101), a Tennessee registered agent performs the following functions:

• Maintain a registered office (physical address) in Tennessee.
• Keep regular business hours always.
• Accept and sign for service of process for clients.
• Accept and sign legal correspondence for clients.
• Monitor Secretary of State compliance requirements.
• Send all relevant documents to clients promptly.

Additionally, a registered agent plays a critical role for a new business in Tennessee, serving as the official liaison with the state government and ensuring that the company receives essential legal and official documents on time.

LLC Registered Agent in Tennessee

In Tennessee, the role of a registered agent for a Limited Liability Company (LLC) is vital, as outlined by the state’s provisions. Here is a detailed discussion of the role of a registered agent in an LLC according to Tennessee’s provisions:

• Legal Requirement: Tennessee law requires all LLCs operating within the state to designate and maintain a registered agent throughout the LLC’s existence. This requirement is stipulated in the Tennessee Limited Liability Company Act.
• Official Point of Contact: The registered agent is the official point of contact for the LLC with the state government. They act as the LLC’s representatives and receive important legal and official documents on behalf of the company.
• Acceptance of Legal Documents: The registered agent’s primary responsibility is to receive and accept service of process on behalf of the LLC. This includes legal documents such as lawsuits, summonses, subpoenas, and other court-related notices. The registered agent ensures that these documents are promptly forwarded to the appropriate individuals within the LLC.
• Physical Presence in Tennessee: The registered agent must have a physical street address in Tennessee where they can be reached during normal business hours. A PO box is not acceptable as a registered agent’s address.
• Privacy and Compliance: Designating a registered agent allows the LLC to maintain privacy, as the registered agent’s address is used for public records instead of the business owners’ personal addresses. This protects the owners’ privacy and reduces the risk of unsolicited communications.
• Registered Office Address: The registered agent’s address serves as the registered office of the LLC, where legal documents and official communications are delivered.
• Change of Registered Agent: If the LLC needs to change its registered agent, it must file a formal change of agent form with the Tennessee Secretary of State. The new registered agent’s consent is required, and the form must be submitted along with the appropriate filing fee.
• Compliance Assistance: While not mandated by Tennessee’s provisions, some professional registered agent services may offer additional assistance, such as compliance monitoring, to help the LLC stay on with filing deadlines, regulatory requirements, and annual reports.

Do I Need a Registered Agent for My LLC in Tennessee?

Yes, a registered agent is required for an LLC in Tennessee. Tennessee law mandates that all LLCs operating within the state must designate and maintain a registered agent throughout the LLC’s existence. Having a registered agent is a legal requirement and an essential aspect of running an LLC in Tennessee. The registered agent ensures that the LLC can effectively communicate with the state government, remains compliant with legal requirements, and receives essential documents promptly.

Registered Agent of a Corporation 

Tennessee law requires corporations to appoint a registered agent when incorporating or registering the company with the Secretary of State. The agent of a corporation executes the same duties as any other registered agent in Tennessee. The corporation has a designated representative for legal and official communications. In other words, the registered agent address serves as the official location where any service of process and official mail for Tennessee LLC (TCA § 48-208-101 ), Tennessee corporation(TCA § 48-15-101 ), or Tennessee nonprofit(TCA § 48-55-101 ) is delivered. The requirement for a registered agent is imposed on domestic and foreign corporations. The registered agent of a corporation in Tennessee plays a crucial role in ensuring proper communication between the corporation and the state government. 

Who Can Be a Registered Agent in Tennessee? 

In Tennessee, a registered agent can be either an individual or a business entity that meets certain eligibility requirements. A registered agent in Tennessee must meet the following criteria:

• Individual Registered Agent: An individual can serve as a registered agent if they meet the following criteria:
  • The individual must be a resident of Tennessee, meaning they have a physical address within the state.
  • The individual must be at least 18 years and above.
  • The individual must be available during regular business hours (9:00 AM to 5:00 PM) at the provided address to accept legal documents and official notifications for the business entity they represent.
• Business Entity Registered Agent: A business entity can also act as a registered agent if it meets the following requirements:
  • The business entity must be authorized to conduct business in Tennessee, meaning it has filed the necessary paperwork and obtained authorization from the state to operate within its jurisdiction.
  • The business entity must have a physical street address in Tennessee, not a PO box, where it can be reached during regular business hours.

Legal Requirements of a Registered Agent in Tennessee

The legal requirements of a registered agent in Tennessee are as follows:

• Physical Presence: The registered agent must have a physical street address in Tennessee.
• Availability during Business Hours: The agent must be available during regular business hours (9:00 AM to 5:00 PM) at the provided address to accept legal documents and official notifications on behalf of the business entity they represent.
• Consent and Acceptance: The agent must consent to and accept the appointment as the registered agent for the business entity.
• Eligibility: The agent can be either an individual who is a resident of Tennessee or a business entity authorized to conduct business in the state.
• Responsibilities: The agent is responsible for receiving and accepting service of process, which includes legal documents such as lawsuits, summonses, subpoenas, and other court-related notices, on behalf of the business entity they represent.
• Official Notifications: The agent also receives and forwards important official notifications and communications from government agencies, such as tax notices, compliance reminders, and other documents related to the business’s legal standing and obligations.
• Registered Office Address: The agent’s address serves as the official registered office of the business entity in Tennessee.

How to Choose a Registered Agent in Tennessee

Choosing the right registered agent in Tennessee is vital for a business entity. Here are some steps and considerations that can help in selecting a registered agent:

• Eligibility and Compliance: Ensure that the registered agent chosen meets the legal requirements set forth by Tennessee law. They must have a physical street address in Tennessee and be available during regular business hours to accept legal documents and official notifications.
• Reliability and Availability: Look for a registered agent that is reliable and available. They should have a record of promptly accepting and forwarding documents to the business entity. A registered agent that is always reachable and responsive is crucial for timely communication with the state.
• Privacy and Confidentiality: Consider the privacy and confidentiality aspects. The registered agent’s address will be publicly available on official records, so some businesses prefer using a professional registered agent service to protect the owners’ privacy.
• Professionalism and Experience: Choose a registered agent with experience and expertise in handling the role’s responsibilities. Professional registered agent services often have systems to manage legal documents and notifications efficiently.
• Location and Accessibility: Businesses operating in a specific region of Tennessee should consider choosing a registered agent whose physical address is conveniently located in that area. Accessibility and proximity can be beneficial in case of any urgent matters.
• Reputation and Reviews: Look for reviews and testimonials from other businesses that have used the services of the registered agent. Positive feedback and a good reputation are indicators of a reliable service.
• Additional Services: Some registered agent services offer additional benefits, such as compliance monitoring, document scanning, and forwarding services. Evaluate whether these extra services align with your business’s needs.
• Cost and Fees: Compare the costs and fees associated with registered agent services. While the price is essential, prioritize the quality and reliability of the service over the cheapest option.
• Compatibility with Business: Consider the scale and nature of business. Small businesses prefer a registered agent service that caters to smaller companies and provides personalized attention.
• Customer Support: Evaluate the customer support provided by the registered agent service. Good communication and responsive support can make a difference when dealing with issues.

How Much Does a Registered Agent Service Cost in Tennessee?

The cost of a basic registered agent service ranges from $50 to $300/year. This essential service typically includes the registered agent’s address for legal and official communications and forwarding of documents to the business entity. Some registered agent providers offer premium services that may include additional features, such as compliance monitoring, document scanning, mail forwarding, and access to online platforms for managing business documents. Premium services range from $100 to $500 or more per year. While being your own, using a family member, employee, or friend as the registered agent can save you money, it’s essential to consider the responsibilities, implications, and potential drawbacks carefully. It is crucial to ensure that the designated person is responsible, reliable, and available during business hours to handle legal documents and official notifications on behalf of the business.

Can I be My Own Registered Agent in Tennessee?

Yes, an individual can be a registered agent to their own business entity in Tennessee, including LLC or corporation. However, there are certain requirements that they must meet in line with Tennessee Statutory Laws to serve as their own registered agent:

• Physical Presence in Tennessee: A registered agent must have a physical street address in Tennessee where they can be reached during regular business hours (9:00 AM to 5:00 PM) to accept legal documents and official notifications on behalf of their business.
• Responsibility and Availability: They are responsible for promptly accepting and forwarding legal documents and official communications to the appropriate individuals within their business entity. It is essential to be available and attentive to ensure timely handling of important documents.
• Privacy Considerations: Their registered office address will be publicly available on the state’s public records. This means that their personal address will be accessible to the public. If privacy is a concern, they may consider using a professional registered agent service that provides a separate registered office address.

Acting as one’s own registered agent can save on the costs of hiring a third-party service. However, it is important to consider the responsibilities and requirements associated with the role carefully. If a person can meet the obligations and has a reliable physical address in Tennessee, being their registered agent can be a viable option for their business. 

How to Change a Registered Agent in Tennessee

Filing entities can change their registered agents by submitting a Statement of Change of Registered Agent/Office by Entity or Agent online, by mail, or in person. Mail and in-person applicants must submit the completed form to the address below:

Tennessee Secretary of State

ATTN: Corporate Filing

312 Rosa L. Parks Ave. FL 6

Nashville, TN 37243

The filing fee is $20. Payments can be made by cash, check, credit or debit card, cashier’s check, or money order, depending on the filing method. Payment by credit or debit card attracts an additional possible service fee. 

What Happens If You Don’t Have a Registered Agent in Tennessee?

Not engaging the services of a registered agent in Tennessee can result in significant legal and physical implications. Here are some of the key consequences:

• Loss of Legal Compliance: Tennessee law requires all business entities operating in the state to have a registered agent. Failing to appoint a registered agent implies the business is not in compliance with this legal requirement. This non-compliance can lead to penalties, fines, or even the dissolution of the business entity.
• Missed Legal Documents: The registered agent is the designated recipient for legal documents, including lawsuits, summonses, subpoenas, and other official notifications. Without a registered agent, the business may not receive important legal documents in a timely manner. This could result in missed court appearances, default judgments, and legal consequences.
• Administrative Challenges: The registered agent also receives important official notifications, compliance reminders, and other communications from government agencies. Without a registered agent, missing critical deadlines for filing annual reports, paying taxes, or renewing business licenses, leading to administrative difficulties and potential penalties is certain.
• Loss of Privacy: The registered agent’s address is publicly available on state records. Not having a registered agent may expose the personal or business address to public scrutiny, which can lead to privacy concerns and unsolicited communications.
• Difficulty with State Authorities: Having a registered agent helps maintain a consistent and reliable communication channel with the state government. Without a registered agent, state authorities may have difficulty reaching your business or may be unable to deliver important documents.
• Inability to Operate: In most cases, the lack of a registered agent can result in your business losing its ability to operate in Tennessee. The state may suspend or revoke your business entity’s status, preventing it from conducting legal transactions or engaging in business activities.

How to Become a Registered Agent in Tennessee

To become a registered agent in Tennessee, the eligibility requirements set by Tennessee Statutory Laws must be met. Here is a step-by-step process to become a registered agent in Tennessee:

• Eligibility: Be a resident of Tennessee, this implies having a physical street address within the state, and be authorized to conduct business within the state.
• Consent to Serve: Be willing to serve as a registered agent and consent to accepting legal documents and official notifications on behalf of the business entities represented. As a business entity, a person must be delegated within the organization to act as the registered agent.
• Gather Information: Collect the necessary information required for the registration process, including name, address, contact information, and, if applicable, the name and contact information of the designated person within the organization.
• Form Filing: File the appropriate form with the Tennessee Secretary of State’s office. The form for becoming a registered agent is typically called the “Appointment of Registered Agent” or “Statement of Information for a Registered Agent.” The form can be obtained from the Tennessee Secretary of State’s website.
• Filing Fee: Pay the required filing fee along with the form. The fee can vary depending on the type of entity and filing method. Check the current fee schedule on the Tennessee Secretary of State’s website.
• Submission: Submit the completed form and the filing fee to the Tennessee Secretary of State’s office. The form can be filed online, by mail, or in person, depending on the options provided by the Secretary of State.
• Confirmation: Once the filing is processed, A confirmation will be received of your registration as a registered agent in Tennessee. The name and address of the agent will be listed as the official point of contact for the business entities represented.

Tennessee Registered Agent Search

A Tennessee registered agent search can be done using the online business entity search tool provided by the Tennessee Secretary of State. Here’s how to perform a Tennessee registered agent search:

• Go to the SOS official website
• Click on “Businesses” at the top bar
• click on the “Search Businesses” icon to access the Business Entity Search tool
• Conduct a search by business name or Secretary of State Control Number
• Click the “Search” button to perform the search. The tool will display a list of business entities matching the name entered.
• Click the “Control #” link of the desired business to view the registered agent’s name and address. 

Is Registered Agent Information Public Record in Tennessee?

Yes, registered agent information is public record in Tennessee. When a business entity is formed or registered in the state, the name and address of its registered agent are typically included in the filing with the Tennessee Secretary of State’s office. This information becomes part of the public record and is accessible to the public.

The purpose of making registered agent information publicly available is to ensure transparency and provide a way for individuals and government agencies to communicate with the business entity when necessary. It allows for legal documents, official notifications, and service of process to be properly delivered to the business through its registered agent.