How to Change a Registered Agent in Virginia

Looking to change your registered agent? It can be difficult to find one that meets your company’s needs. And given the legal implications, it can be a pressing concern to make the change correctly. 

In this article, you’ll learn everything you need to know about how to change a registered agent in Virginia. Let’s dive into the step-by-step process to ensure that your transition is smooth, compliant, and hassle-free.

The Process of Changing a Registered Agent in Virginia

1. Determine Eligibility for a New Registered Agent

Before initiating the change of a registered agent in Virginia, make sure the new agent meets the state requirements. The agent must be a resident individual or a corporation authorized to conduct business in Virginia. 

They must also have a physical address within the state (P.O. boxes are not acceptable) and be available during regular business hours to accept legal documents.

2. File a Statement of Change of Registered Office and/or Registered Agent

Obtain and complete the ‘Statement of Change of Registered Office and/or Registered Agent’ form provided by the Virginia State Corporation Commission (SCC). This form requires information about the current agent, the new agent, and the entity making the change. Filling this out accurately is paramount in order to reflect the changes being made.

3. Submit the Change Form

After filling out the form, submit it to the Virginia SCC. This can be done online, by mail, or in person. If submitting online, visit the SCC’s e-file system. For mail submissions, send the completed form to the Clerk of the State Corporation Commission. The SCC’s website provides the most current address and additional instructions.

4. Confirm the Change

Once the Statement of Change form and fee are submitted, wait for confirmation from the Virginia SCC. The confirmation is usually sent via mail or email, depending on the method of submission. Keep this confirmation for your records as proof of the change.

What Are the Fees Associated With Changing a Registered Agent in Virginia?

To ensure your application gets processed without any hitches, it’s essential to be aware of the associated fees. These costs can vary but generally include:

  • Change Registered Agent fee: As stated on the Virginia SCC website, there is no fee to submit a file for changing one’s registered agent.
  • Service Fees: If you’re using a professional service to assist with the change, they may charge their own service fees in addition to the state filing fee.
  • Expedited Processing Fee (if applicable): For those needing quicker processing, you may opt for expedited service for an additional fee of $35.

How Long Does It Take to Change a Registered Agent in Virginia?

The timeframe for changing a registered agent in Virginia depends on the processing speed of the State Corporation Commission. Regular processing can take a few weeks, but expedited options can reduce the waiting period to a few days. 

It’s important to monitor the status of your submission, as delays can occur during peak filing periods or if there are issues with your application.

Who Should You Notify About Changing Your Registered Agent in Virginia?

Upon successfully changing your registered agent in Virginia, it’s crucial to notify all relevant parties. This includes internal notifications to your business management and team, as well as external parties such as business partners, stakeholders, and clients. 

Additionally, you should make sure that all relevant government agencies (especially those you have licenses or permits with) are informed of the change to maintain compliance.

What Happens if You Fail to Change Your Registered Agent In Virginia?

Failing to maintain a registered agent in Virginia can have serious consequences for your business. If the State Corporation Commission cannot reach your registered agent, you may miss essential legal notices, including service of process. This could result in a default judgment against your business.

Plus, your business could face administrative penalties or even lose its good standing in the state — impacting your privilege to legally conduct business in Virginia.

How Often Can You Change Your Registered Agent in Virginia?

In Virginia, there is no statutory limit on how frequently you can change your registered agent. However, it’s advisable to keep changes to a minimum to maintain consistency and ensure that all parties are always aware of who is legally representing your business. 

Frequent changes can lead to confusion, administrative errors, and possibly missed important communications. When a change is necessary, it should be done methodically, ensuring all necessary notifications and updates are made promptly.

Let doola Guide You Through a Smooth Registered Agent Change in Virginia

To summarize, there are many things you need to consider when it comes to changing your registered agent in Virginia. You need to comply with the regulations and make sure that the agent is a good fit for your company. In this article, we’ve outlined the key steps on how to change a registered agent in Virginia and some important considerations you should keep in mind. 

If you’re bound for time and still struggling to wrap your head around the legal aspects of contacting a registered agent, we are here to help. At doola, we are the one-stop shop for your business formation needs, and setting you up with a registered agent in your chosen state. Don’t let legal jargon and complicated corporate structures stop you from running your business. Get in touch with one of our specialists today to get started.

FAQs

Can I change my registered agent in Virginia at any time?

Yes, you can change your registered agent in Virginia at any time. However, it’s important to ensure that the new agent’s information is updated promptly with the Virginia State Corporation Commission to maintain compliance.

Can I change my registered agent myself, or do I need to hire a professional in Virginia?

You can change your registered agent yourself by filing the appropriate forms with the Virginia State Corporation Commission. However, hiring a professional can simplify the process and ensure that all legal requirements are met accurately.

Will changing my registered agent in Virginia have any impact on my business operations or legal standing?

Changing your registered agent should not impact your day-to-day business operations or legal standing, as long as the change is properly executed and all relevant parties are notified. The key role of the registered agent is to handle official and legal documents.

Can I change my registered agent if I am not physically located in Virginia?

Yes, you can change your registered agent even if you are not physically located in Virginia. The new agent must be a resident of Virginia or a company authorized to conduct business in the state.

Are there any specific qualifications or requirements for a registered agent in Virginia?

In Virginia, a registered agent must be either a resident individual or a business entity authorized to conduct business in the state. They must have a physical street address in Virginia (P.O. Boxes are not acceptable) and be available during normal business hours to receive legal documents.

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