By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Commercial Law Attorney
There are two schools of thought about being the registered agent for a company. One says name yourself so that all notifications, disclosures and lawsuits come through you and your knowledge of what is going on will be current. The other says whenever possible avoid being the registered agent because when the business fails or stops doing business or decides that the corporation or LLC is really unnecessary to continue, you as registered agent never cease receiving mail from the state. I prefer the second as outweighing any benefit that might be received from the first, but there is merit in both positions.
Section 16 of the NJ LLC Act provides for the resignation of a company’s registered agent. If a new registered agent is not appointed, the Record Office will serve as the company’s agent for service of process, notices, and demands. However, under section 17, the Recording Office will forward copies of any service, notice or demand it receives on behalf of the company to the registered office. Thus, even if an agent resigns, it appears the registered office will be burdened by having to continue to receive process, notices, and demands.
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