What a Nevada resident agent does

And how a Nevada formation proceeds, step by step, in plain words.

Every corporation and limited liability company on the Nevada record is required to keep a resident agent in the state. This page explains what that agent is for, what the role involves, and the usual order of events when a new Nevada entity is formed. It is general reference, not legal or tax advice.

Resident agent or registered agent?

Both terms describe the same role. Nevada's older statutes used "resident agent"; the current statutes, modeled on the uniform registered agents act and found in Chapter 77 of the Nevada Revised Statutes, use "registered agent." The Secretary of State's forms and records use the current term. This site keeps the traditional name, which is how most long-standing Nevada clients still refer to the service.

What the agent is for

A resident agent is the entity's official point of contact inside Nevada. The agent's name and Nevada street address appear on the public record so that anyone with a legal reason to reach the entity has a reliable place to do so. In practice the role has four parts:

  • Accepting service of process. If the entity is sued or subpoenaed, the papers are delivered to the agent at the registered office during business hours, and the agent forwards them to the entity.
  • Receiving official mail. Notices from the Secretary of State and other state agencies, including filing reminders and compliance correspondence, are addressed to the agent.
  • Keeping a Nevada street address on file. The registered office must be a physical location in Nevada where the agent can be reached during normal business hours; a post office box alone does not satisfy the requirement.
  • Staying current on the record. If the agent's address changes, or the entity appoints a different agent, a statement of change is filed with the Secretary of State so the public record stays accurate.

Why the requirement matters

An entity without a resident agent on file is out of compliance, and the Secretary of State can move it out of good standing. A lapsed agent also means that legal papers may be served on the state or go unanswered, which can lead to a default judgment the entity never saw coming. Owners who live outside Nevada, or outside the United States, rely on the agent as their only in-state presence, which is why the choice of agent is a durability decision rather than a formality.

The steps in a Nevada formation

The sequence below is the usual order for a new corporation or limited liability company. The filings are made with the Nevada Secretary of State; the employer identification number comes from the Internal Revenue Service.

  1. Choose the entity type and the name

    Decide between a corporation and a limited liability company (or another form) with your tax and legal advisers, then confirm the proposed name is available and distinguishable on the Secretary of State's record. Certain words require additional approval or a particular entity form.

  2. Appoint a resident agent

    Name a resident agent with a Nevada street address. The agent accepts the appointment, and the agent's details go into the formation filing.

  3. File the formation document

    A corporation files Articles of Incorporation; a limited liability company files Articles of Organization. The document names the entity, the resident agent, and the people organizing or incorporating it, along with the particulars the statute requires for that entity type.

  4. File the initial list and the state business license application

    Nevada requires a list of the entity's officers and directors (for a corporation) or managers or managing members (for an LLC), together with an application for the state business license, at or shortly after formation. The same list is then renewed every year.

  5. Obtain an employer identification number

    The entity's federal tax identification number is issued by the Internal Revenue Service and is needed to open a bank account, hire employees and file returns.

  6. Adopt the internal documents

    A corporation adopts bylaws and holds an organizational meeting to issue shares and elect officers; a limited liability company adopts an operating agreement. These documents are kept with the entity's records and are not filed with the state.

  7. Stay in good standing

    Each year the entity files its annual list and renews its state business license. Changes of officers, directors, members, managers, address or name are filed as they happen, and the resident agent appointment is kept current.

Where RITE LLC fits

RITE LLC prepares and files the Articles and the List of Officers and Directors with the Nevada Secretary of State, serves as the entity's Nevada resident agent, tracks annual filing deadlines and sends reminders, files amendments and changes, handles official mail, and assists with the Annual List and State Business License renewal. The services page describes each in a sentence; the contact form is the way to start.

Questions about your situation?

Tell us a little about what you need and we will follow up promptly. There is no obligation.

Contact RITE LLC