Entrepreneurs looking to start a business in Nevada must have a registered agent as part of their organization. For those new to the business world, a registered agent is a company’s official point of contact.
Selecting a registered agent is part of setting up a Nevada LLC or a corporation; a process that can be a bit confusing for some.
To help entrepreneurs set up a business and select a registered agent, we’ll explain how to set up an LLC in the state of Nevada, what a registered is, and who can fill the role.
More specifically, we’ll look at:
- How is an LLC formed in Nevada?
- What is a Nevada registered agent?
- Do I really need a registered agent in Nevada?
- Can I be my own registered agent in Nevada?
- Who can be a registered agent in Nevada?
- Why would a company choose to work with a registered agent service?
- List of Nevada registered agent services
- How much does a registered agent service cost in Nevada?
- How does an owner select a registered agent in Nevada?
- Can a company change its registered agent?
- What’s a statutory agent?
- What’s a commercial registered agent?
How is an LLC formed in Nevada?
The process of setting up your LLC in Nevada is similar to the process followed in other states. You need to file Articles of Organization to establish the company. This paperwork, which must be filed with the state, requires several pieces of information. Here’s how to set up an LLC in Nevada, step-by-step:
1. Pick a company name
Before filing out any paperwork, the company needs a name. The name you select must be unique. Before creating a business, you can search the availability of a name on the state’s website. If it’s available, you can move forward. If it’s not, you’ll have to change the name to something else. No two businesses in the state can have the same name.
In addition, Nevada requires entrepreneurs to follow a few other rules when creating a company name:
- The phrase “limited liability company” or “LLC” must be in the name
- The name can’t refer to any government agencies that might confuse customers
- A name that refers to education or finances might require additional approvals
Business owners should also check the availability of a domain name as well. If the domain name is already taken, that may influence the name of your company. It’s best to check on this before registering a business with the state.
2. Select a registered agent
Every business that’s set up in Nevada must list a registered agent. A registered agent is a point of contact for your business. This person will receive official documentation on the company’s behalf. A person or a company can serve as a registered agent, but there are some requirements set by the state that must be met. We’ll explain more about these rules in a later section.
3. File Articles of Organization
To form an LLC, official paperwork called Articles of Organization must be filled out and filed with the Nevada Secretary of State. The Articles of Organization provide the following information to the state:
- The company name
- The name, address, and signature of the registered agent
- Whether the LLC is run by members or managers
- The names and addresses of all members or managers
- The name address and signature of the LLC organizer
The process may be completed online through the state’s online business portal, Silverflume.
The cost to file the paperwork in each state varies, but Nevada charges a $75 filing fee.
When the paperwork is approved, the company information becomes a matter of public record.
4. Create an operating agreement
The state of Nevada doesn’t require new businesses to file an operating agreement, but it’s still a good practice to have one. The operating agreement explains how the company will operate and provides details like the company hierarchy, who the investors are, contributions made by each, how profits will be distributed, and how the company will dissolve if problems arise.
While it’s not something that must be filed, most companies create the agreement after establishing an LLC to limit disputes in the future.
5. Get an EIN
An EIN is an employer identification number. This number is required to do business. It’s issued by the IRS and can be obtained by answering a few questions on the IRS website. An EIN is needed to:
- Open business bank accounts
- Hire employees
- File taxes
What is a Nevada registered agent?
A registered agent is a point of contact for a company. This point of contact is important as he or she will be responsible for receiving official documents on the company’s behalf. Official documents include tax notifications and legal documents like service of process, which are papers filed during a lawsuit.
Do I really need a registered agent in Nevada?
Yes. The state of Nevada requires every LLC and corporation to list a registered agent. If a registered agent isn’t selected, your company won’t be in good standing with the state. Penalties and state fees could result from not having a registered agent.
Can I be my own registered agent in Nevada?
Yes. The person setting up the LLC can serve as the registered agent. While this option is the easiest, other people, and even companies, can serve as a registered agent.
Who can be a registered agent in Nevada?
The person setting up the company can be the registered agent, but the state allows other people like friends or coworkers to fill the role too. In addition, another company that’s actively doing business in the state can be a registered agent, so long as the company has a street address.
A newly formed LLC can also elect to have a registered agent service.
The state has a few rules. To be a registered agent, the person or company must:
- Be 18 years old or older
- Have a physical address in Nevada, not a P.O. box
- Be available to receive documents during normal business hours on your behalf
Why would a company choose to work with a registered agent service?
As mentioned, a business entity can select a registered agent service to receive official documents. Why would a company opt to work with a registered agent service over a person or another company? There are several reasons LLC organizers work with these companies, which include:
- Convenience. Entrepreneurs like working with a registered agent service for ease of operation. It’s one less chore that a company owner or manager has to do.
- Multi-state company. Entrepreneurs with multiple companies in multiple states like having a service to ensure nothing is missed. It’s not easy to manage mail when there are several locations in play.
- Privacy. A service provides a layer of privacy for owners. If a company gets sued the papers are served to the registered agent service, not the owner. While the service will reach out discreetly to the owner about the documentation, the papers aren’t served to an owner in front of their employees or customers.
List of Nevada registered agent services
There are dozens of registered agent services to choose from in Nevada. The state has compiled a list of registered agent services on the secretary of state’s website. However, in an effort to expedite your research, here’s a list of reputable choices:
American Corporate Enterprises
This company specializes in helping Nevada entrepreneurs set up an LLC and can serve as the LLC’s registered agent.
Silver State Legal
This company can serve as your LLC’s registered agent and offers legal expertise, for an additional fee.
Northwest Registered Agent
This company offers registered agent services in several states, including Nevada. It’s easy to sign up, has a registered office address, and an online portal to access scanned mail.
Nevada Registered Agent LLC
This company offers an affordable registered agent service with minimal add-ons.
How much does a registered agent service cost in Nevada?
The cost of a registered agent service varies. A registered agent service that simply offers mail forwarding will be fairly inexpensive compared to one that scans your mail, offers an online portal, sends reminders about annual reports, and provides add-on services as needed.
Registered agent services typically bill annually, and the cost will likely range between $50-$300.
How does an owner select a registered agent in Nevada?
In Nevada, a registered agent is listed on the LLC formation papers known as the Articles of Organization. Plus, there’s an additional form that must be submitted.
As part of the Articles of Organization paperwork, there’s a Certificate of Acceptance of Appointment by Registered Agent that must be signed and submitted to the state. The document is meant to provide proof that the listed registered agent is aware of their role and willing to accept the responsibility.
Can a company change its registered agent?
Yes. A company’s registered agent can be changed at any time. Maybe the person appointed took a different job or moved to another state, for example, so a change must be made. To do so, a State of Change of Registered Agent by Represented Entity form must be filled out and filed, which can be found on the secretary of state’s website. There is a filing fee of $60.
What’s a statutory agent?
A statutory agent and a registered agent are the same things. Different states have different titles for a company’s point of contact. The most common term is the registered agent, but statutory agent, resident agent, and service of process agent are alternatives to registered agent.
What’s a commercial registered agent?
During your research, you might be asked if your registered agent is commercial or non-commercial. If you’re working with a registered agent service, your company has a commercial registered agent. If the registered agent is a person or a company it’s considered a non-commercial agent.