The requirements for a resident agent in Massachusetts might seem simple on the surface, but in reality this role has some nuance involved. Rather than spending hours researching the rules and regulations yourself, we’ve created a guide to help you access this information easily.
Knowing exactly what is required from a resident agent is essential to your business remaining in compliance with your state’s laws. Whether you take on this role yourself or outsource it to another person or business entity, the Massachusetts resident agent must keep on top of things in order for your company to stay compliant.
Below is a complete picture of the 4 best Massachusetts registered agent services and what they offer. We will outline each option and make independent recommendations based on what you are looking for.
Before we get started with the review, here is a deal many of our readers have taken advantage of:
Get a Free Massachusetts Registered Agent
Massachusetts Registered Agent Services & Description
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.
What’s great is that the personal addresses of home-based entrepreneurs remain private when you hire a professional registered agent service. There are quite a few of these companies out there, and most of them make it quite easy to enlist their services.
Registered agent services usually include some additional features, which vary depending on which company you choose. In general though, you’ll often see these services offer a compliance calendar to help you track your important filing deadlines, and you’ll always receive access to their helpful customer support teams.
Here are the 4 best registered agent services in Massachusetts:
1. Northwest Registered Agent
Northwest Registered Agent: Northwest charges $125 per year, and they’re the only major national registered agent service that locally scans every document they receive as your agent. They also have personalized customer support that assigns a dedicated account representative to each client.
If you also need to form your business, Northwest offers a $79 formation package that includes a year of registered agent at no extra charge.
2. Zen Business
Zen Business: Zen Business has a lower $99 rate that Northwest offers, with an extra focus on making the process less stressful and an easier to use website. You’ll receive their outstanding customer support, as well as access to helpful software that allows you to track and file your company’s annual reports.
3. Incfile
Incfile: They are one of the most well known LLC and registered agent services available, with rates that start at just $119 per year. Plus they offer an awesome free LLC formation service if you haven’t created a business yet and would like a free registered agent service in the process.
4. LegalZoom
LegalZoom: This is another very popular option that more-or-less does the same thing as the other services, but charges $299 per year. In our opinion, the affordable registered agent services above are far better deals and more than half the cost.
What Is a Massachusetts Resident Agent?
Every business entity in the state of Massachusetts is required to have a resident agent. (Most states refer to this role as a “registered agent,” but Massachusetts instead chooses to call it a “resident agent.”) In fact, you will not be allowed to finish the formation process for your company until you designate your resident agent.
The most important aspect of this role is receiving document deliveries from the state government, then alerting your business of the delivery, before forwarding the documents to you. The role of the resident agent is so important because it establishes a point of contact for your business with the state, so that they have a reliable place to get in touch with an official representative of your company at any time.
Unlike some other states, Massachusetts does not provide a list of reputable resident agents that operate within the state, so you’ll have to find one on your own.
Who Can Be a Massachusetts Resident Agent?
A Massachusetts resident 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 resident 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 resident agent service.
No matter who you choose to be your resident 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 resident agent, but it’s wise to choose a resident agent who is familiar with the serious responsibilities that come with this role.
Title 22, Chapter 156D, Section 5.01 of the General Laws of Massachusetts specifically states that each business entity must continuously maintain:
- “a registered office that may, but need not be, the same as any of its places of business; and
- a registered agent who may be any of the following individuals or entities whose business office is also the registered office of the corporation:
- an individual, including the secretary or another officer of the corporation;
- a domestic corporation or not-for-profit domestic corporation; or
- a foreign corporation or not-for-profit foreign corporation qualified to do business in this commonwealth.”
What Does a Resident Agent Do?
A resident agent performs several modest tasks that accumulate into a larger role of significant importance. They are essentially the liaison between your business and the state you are conducting business in.
Legal Matters
First and foremost, a resident agent must act as the designated recipient of any tax or legal documents sent by the state of Massachusetts. In the case of legal matters, the resident agent must be physically present to receive hand-delivered service of process (SOP) paperwork regarding legal action being taken against your company. After the handoff, the resident agent then needs to effectively report this delivery to your business, and forward the documents to you.
The resident agent and the business they represent should have a previously agreed-upon order of operations for the intake and delivery of these documents. For example, they should determine whether the documents will be delivered from the resident agent to the business via fax, mail, or email.
Ongoing Massachusetts Business Compliance
The resident agent also typically helps ensure that your business remains current and compliant on all state-required ongoing maintenance filings. Each state has its own set of laws regarding which maintenance filings are required, which usually refers to annual reports and/or franchise tax payments. These rules are subject to change at any time, so the resident agent must stay up to date in order to ensure your business remains in good standing with the state, and avoids fines or a business dissolution.
All business entities in the state of Massachusetts must file an annual report. This report must be filed with the Corporations Division within 2.5 months after the close of the corporation’s fiscal year end, which for most entities makes the annual report due date March 15.
The annual report can be filed online or by mail ― this is the form for corporations, and this is the form for limited liability companies. There’s a massive difference in filing fees between these entities though, as corporations pay a $125 fee to file an annual report, whereas LLCs pay $500.
Your resident agent should be aware of the schedule and help you file your annual report in order to stay in good standing with the state.
What If I Want to Change My Massachusetts Resident Agent?
While the role of the resident 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 Massachusetts, businesses can file a Statement of Change of Resident Agent form with the Secretary of State. Like with annual reports, you can file online or via mail ― the form for corporations is here, and the form for LLCs is here. There is a $25 fee to file by paper and no fee to file electronically.
For step-by-step instructions to change a resident agent in Massachusetts, please check out our guide.
Choosing the Best Registered Agent in Massachusetts
Get a Free Massachusetts Registered Agent
The role of a Massachusetts resident agent is critical to your company’s compliance and legal standing. This position requires dealing with seemingly simple tasks, yet if they’re handled incorrectly, they could cost you a considerable amount of money in fines, and could even potentially see the state dissolve your business.
While you can always change your resident agent down the line, we think it’s essential to pick the right resident agent for your business starting at the formation phase. You should also keep an eye on your compliance standing to ensure nothing goes awry along the way.