Do I need a commercial registered agent?

Which states maintain a commercial registered agent registry?

Currently only 12 states have adopted MoRAA in full, including the provision for commercial registered agent registration:

• Arkansas
• Washington D.C.
• Idaho
• Indiana
• Maine
• Mississippi
• Montana
• Nevada
• North Dakota
• South Dakota
• Utah
• Wyoming

A handful of other states impose similar requirements for business entities serving as registered agents, but do not strictly follow MoRAA guidelines. California, Delaware, Hawaii, Pennsylvania, and Washington fall into this category. Here are some of the differences seen in these states:

• California – Only an individual or corporation may act as a registered agent. No other entity types are eligible. When a corporation is named as the registered agent, only its name needs to be provided, since the Secretary of State’s office maintains the address for each corporate registered agent on file.
  
  
• Delaware – Delaware law classifies any registered agent serving more than 50 entities as a "commercial registered agent." That status triggers added requirements, including maintaining a Delaware business license and providing identifying information to the Secretary of State upon request. Unlike MoRAA states, this designation isn't tied to whether the agent has filed its address with the state.
  
  
• Pennsylvania – Pennsylvania doesn't require a registered agent as part of entity formation or registration. Instead, every entity must list a physical registered office address in the state. If it doesn't have one, it can designate a commercial registered office provider (CROP) to fill that role.

Colorado also has statutory provisions for commercial registered agents, but those sections of the Colorado Revised Statutes will only be effective 90 days after the certification of the system requirements by the Secretary of State. As of this article’s publication date, that certification had not yet occurred. Current state guidance describes a business entity’s registered agent simply as an individual or an entity.

Benefits of using a commercial registered agent

Where you have the choice between a commercial registered agent and a non-commercial registered agent, it’s worth considering the reasons for choosing a commercial registered agent. All registered agents are expected to properly receive and promptly forward your notices and service of process. However, commercial registered agents are generally set up not only to maintain the business hours the role requires, but also to serve your company across the country.

Non-commercial registered agents are typically individuals or smaller entities that do not offer registered agent services in every state. Commercial registered agents, by contrast, often provide additional compliance solutions alongside their core registered agent services.

A commercial registered agent is also required to register with the state's filing office and keep its address and contact information on file there, which helps ensure that information stays current and accurate. This also carries a practical benefit for you as a business owner: since a commercial registered agent's address is already on file with the state, you typically only need to provide the agent's name on your formation, registration, or change of agent form. If you appoint a non-commercial registered agent instead, you'll need to include the agent's address as well.

Commercial registered agent services for your business

CT Corporation maintains offices for the receipt of service of process in all 50 states as well as Washington D.C., and is registered as a commercial registered agent in all the states that have adopted a commercial registered agent designation under MoRAA. Contact your CT Corporation Service Team for assistance in filing your formations and registrations or change of agent documents.

Related articles

• How much do you know about service of process and Registered Agents?
• Can I be my own agent for service of process?