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 Virginia.
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 Virginia.
NOTE: If you need help changing registered agents, the same services that are known for offering top rated LLC services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a Virginia Registered Agent?
A Virginia 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.
There is no minimum age requirement on who can be a registered agent in the state of Virginia. The Virginia Secretary of State website states specifically what is required in order to become a registered agent. They write that in order to be a registered agent, the following conditions must be met:
- “The individual is a resident of Virginia;
- The individual is a member of the Virginia State Bar or is a part of the management of the business entity (e.g. an officer or director of a corporation, a member or manager of a limited liability company, a trustee of a business trust, a general partner of a limited partnership, or a partner of a registered limited liability partnership); and
- The individual agrees to serve as the business entity’s registered agent.
- A Virginia business entity or a foreign business entity that is authorized to transact business in Virginia may also serve as the registered agent of another business entity if it agrees to serve in the capacity. A business entity may not, however, serve as its own registered agent.”
For more general information regarding the role of a registered agent with a Virginia LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in Virginia?
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.
In Virginia, a limited liability company can change its registered agent by filing a Statement of Change form with the State Corporation Commission.
Option 1) Filing a Statement of Change Form
A Virginia LLC can file a Statement of Change of Registered Agent and/or Registered Office form to change its registered agent. There is no fee for this form regardless of entity type or classification. The vast majority of businesses file this form online, but if you need a paper form you can request that the state mail you one.
The state of Virginia keeps a regularly updated turnaround time table on the Corporation Commission’s website. At the time of this writing, the standard processing time for a Statement of Change form was 9-12 business days. There is expedited service available for this form at a rate of $50, which upgrades your order to next-day service.
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 Virginia
It’s always important to be well-informed regarding the specific laws for changing your registered agent. In Virginia, registered agent laws vary depending on your company’s business entity type, but not according to domestic/foreign classifications. Therefore, all limited liability companies in this state operate under the same rules and regulations for registered agents.
Specifically, we can look to Title 13, Chapter 12 of the Code of Virginia, which states:
- “A limited liability company or a foreign limited liability company registered to transact business in the Commonwealth may change its registered office or registered agent, or both, upon filing with the Commission a statement of change on a form prescribed and furnished by the Commission that sets forth:
- The name of the limited liability company or foreign limited liability company;
- The address of its current registered office;
- If the current registered office is to be changed, the post-office address, including the street and number, if any, of the new registered office, and the name of the city or county in which it is to be located;
- The name of its current registered agent;
- If the current registered agent is to be changed, the name of the new registered agent; and
- That after the change or changes are made, the domestic or foreign limited liability company will be in compliance with the requirements of § 13.1-1015.”
If you operate a limited liability company in the state of Virginia, 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 Virginia, there’s only one option for changing an LLC’s registered agent, and that’s to file the state’s Statement of Change form. It’s a simple document with a reasonable filing fee, 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 Virginia, and as always we thank you for choosing Registered Agent Ready!