Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, there are several reasons for why you may need to change the registered agent for your LLC in Florida.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in Florida.
NOTE: If you need help changing registered agents, the same services that are known for offering online services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a Florida Registered Agent?
A Florida registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
The state of Florida does not specify an age limit for this role. According to Title 36, Chapter 607 of the Florida Statutes, a Florida registered agent must comply with the following rules:
- An individual who resides in this state whose business office is identical with such registered office;
- Another corporation or not-for-profit corporation as defined in chapter 617, authorized to transact business or conduct its affairs in this state, having a business office identical with the registered office; or
- A foreign corporation or not-for-profit foreign corporation authorized pursuant to this chapter or chapter 617 to transact business or conduct its affairs in this state, having a business office identical with the registered office.
In addition, the Florida registered agent must accept “the appointment as a registered agent simultaneously with his or her being designated. Such statement of acceptance shall state that the registered agent is familiar with, and accepts, the obligations of that position.”
For more general information regarding the role of a registered agent with a Florida LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in Florida?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
LLCs in the state of Florida can change their registered agent by filing a Statement of Change form with the Division of Corporations, by filing an amendment to the articles of organization, or by designating the change in your annual report.
Option 1) Filing a Statement of Change Form
Any LLC in Florida, whether domestic or foreign, can file a Statement of Change of Registered Office or Registered Agent or Both for Limited Liability Company form. This filing has a $25 fee, and you can file the form via mail, fax, or in person.
Option 2) Filing an Amendment to the Articles of Organization
LLCs in Florida can also change their registered agent by amending the articles of organization. For a domestic LLC, this form is called the Articles of Amendment to Articles of Organization, and for a foreign LLC it’s called the Application by Foreign Limited Liability Company to File Amendment to Certificate of Authority to Transact Business In Florida. Both forms carry a $25 filing fee, and they can be filed via mail, fax, or in person.
Processing Times
The standard processing time for filing these forms is between 3-5 business days, although the state does warn that turnaround times can be a bit longer during peak periods.
Option 3) Updating the Agent Information In Your Annual Report
LLCs in Florida must file annual reports every year, and you can change your registered agent info directly on this report. The filing fee for your LLC’s annual report is $138.75, and it’s due each year by May 1. This form must be filed online.
Processing Times
Annual reports filed online and paid with a credit card are processed immediately. Reports that are paid via check or money order have a standard processing time of 3-5 business days.
Prefer to Have a Registered Agent Service Handle Your Requirements?
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in Florida
It’s always important to be well-informed regarding the specific laws for changing your registered agent. Registered agent laws are organized by entity type in the state of Florida. Therefore, the laws are the same regardless of whether the LLC is domestic or foreign.
According to Title 36, Chapter 605 of the Florida Statutes, an LLC that wishes to change its registered agent must deliver a statement to the Department of State including the following information:
- The name of the limited liability company or foreign limited liability company.
- The name of its current registered agent.
- If the registered agent is to be changed, the name of the new registered agent.
- The street address of its current registered office for its registered agent.
- If the street address of the registered office is to be changed, the new street address of the registered office in this state.
Conclusion
If you operate a limited liability company in the state of Florida, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In Florida, there are several different ways to change an LLC’s registered agent. You can file a Statement of Change form, you can amend your articles of organization, or you can change the registered agent info in your annual report. They’re all simple documents with reasonable filing fees, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in Florida, and as always we thank you for choosing Registered Agent Ready!