Washington Registered Agent: Who Can It Be in 2022?

If you’re forming a limited liability company or corporation in the state of Washington, you’ll need to designate a registered agent.

A registered agent is the individual or business entity that receives legal documents from the state, and then forwards them to your business address. But why is this a requirement, and who should you designate as your registered agent in Washington?

In this guide, we will break down all the details you need to know about Washington registered agents.

What is a Washington Registered Agent?

One of the most common questions we receive from entrepreneurs in Washington is why a registered agent is required to form an LLC or corporation. While it might seem like an unnecessary middle-man type of role, the registered agent fills a vital role.

The registered agent’s job is to provide a reliable way for the state to contact an official representative of your business at any time, which is especially important if your business is ever sued. If you didn’t have a registered agent, a lawsuit could progress through the courts without you even knowing about it, which is obviously far from ideal.

While Washington does not provide a recommended list of registered agent services, we reviewed the top options and compiled a list of the best Washington registered agent services based on price and overall value.

Who Can Be a Washington Registered Agent?

The Washington Secretary of State dictates that registered agents may be either an individual or a business entity. While an LLC or corporation is never permitted to serve as its own registered agent, a qualifying person affiliated with the company (such as the owner) may.

Above all, Washington registered agents are required to have a physical street address within the state. PO boxes, virtual addresses, and Commercial Mail Receiving Agencies are not permitted.

Lastly, your Washington registered agent is required to be available at their listed address during normal business hour, should a service of process be delivered.

Aside from the legal requirements, an important aspect to discuss is who should be your registered agent. You have the right to declare yourself as your own registered agent, which has its pros and cons.

On the positive side, you can save some money by not paying anyone to serve as your agent, but you’ll also likely need to make your home address a matter of public record, which is not ideal. Additionally, you’ll need to be physically present at your business during all standard operating hours (9-5, M-F).

Some entrepreneurs like to have a friend or family member serve as their registered agent, but if that person doesn’t have experience in this position, they might not know what is expected of them. In addition, designating your lawyer or accountant as a registered agent can work, but these options are usually quite expensive.

Our preference is to hire a professional registered agent service, which provides a combination of convenience, affordability, and peace of mind that is unrivaled by any of these other options.

How Do Washington Residents Get Served?

The most important part of a registered agent’s role is being served a summons.

Before a summons can be processed and served, a plaintiff must first complete a small claims form in the presence of a clerk (unless otherwise instructed by the court). The claim will outline the details of the case, and must be submitted to the local district court upon completion along with a filing fee. The filing fee will usually range from $14 to $29 depending on the nature of the case.

If these steps are all taken correctly, the state of Washington will allow a sheriff’s office, process server, or an unaffiliated adult to serve a summons to the defendant’s registered agent. In some cases, the summons may be deliverable by certified mail.

How to Designate a Washington Registered Agent

The answer to this question depends on what type of business you’re starting, but with either a corporation or an LLC, you’ll need to designate your registered agent when you form your company.

When forming an LLC in the state of Washington, you must designate your registered agent when you complete your Certificate of Formation. Alternatively, when forming a corporation you’ll be prompted to dictate your company’s registered agent in the Articles of Incorporation. Both documents may be submitted by mail or completed and filed online.

In either case, if you are appointing a noncommercial registered agent, the formation document will require a signature from the registered agent you are appointing, which certifies the agent’s consent to be listed. Failure to obtain the new registered agent’s signature will result in the form’s rejection.

How Can I Change My Washington Registered Agent?

If you would like to change your registered agent for any reason, the process is pretty simple.

You have two options when it comes to changing your Washington registered agent. If during the appropriate time, you may choose to change your registered agent when you submit your company’s Annual Report form.

If you have already submitted your annual report, you can still change your registered agent at any time by completing the Statement of Change/Designation of Registered Agent document.

All forms may be completed and mailed to the Washington Secretary of State or conveniently filed online here.

How Does a Washington Registered Agent Resign?

Sometimes, a registered agent may have to resign from their position.

In Washington, the process to step down from an appointment as a registered agent is relatively straightforward. Resigning agents must simply complete the Resignation of Registered Agent document, which can be submitted by mail or conveniently filed online. There is no filing fee to submit the resignation, but you may choose to expedite the service for an additional fee of $50.

Why Should You Hire a Professional Washington Registered Agent Service?

Hiring a professional registered agent is basically the best of both worlds between serving as your own agent, and designating a lawyer or accountant.

Privacy

The biggest benefit in our opinion is the privacy protection this allows, as you will be able to keep your personal address private. There’s also a major advantage compared to having an attorney or accountant serve as your agent, namely the fact that registered agent services are almost always much cheaper.

Professional Service

Another reason we like this option is that these companies specialize in providing quality registered agent service. They know exactly what’s expected of them, and there are rarely any issues to speak of.

Nationwide

The other major benefit of hiring a registered agent service is that most of them operate in all 50 states, so that if you ever want to expand your business into another state, you won’t need to hire an additional registered agent. Your same registered agent will be able to provide the coverage you need in your new state, while still providing the same service in Washington. If you hired a lawyer or accountant, they would only be able to help you expand to a new state if they have another physical office in that state.

You Stay Compliant

Finally, most professional registered agents operating in Washington offer some sort of compliance calendar. With this service, your registered agent helps you keep track of due dates for ongoing LLC maintenance requirements like annual reports, which is a valuable bonus.

The top registered agent service providers include some other appealing attributes, including access to their extensive customer support networks. Some of them include a full year of registered agent service with any business formation package, which can be a real money-saver. Another welcome attribute is that some registered agent services provide volume discounts if you require service in multiple states, or if you prepay for multiple years.

What Is the Penalty for Not Designating a Registered Agent in Washington?

You need to have a registered agent to form your limited liability company or corporation in Washington in the first place, but if you let your registered agent service lapse, there could be some serious consequences.

Failure to maintain a registered agent could lead to your business losing its good standing with the state of Washington, and the state also has the right to officially dissolve your LLC if they choose to.

Another issue would be the difficulty of being served if your business is sued. If the state cannot get ahold of your registered agent, a court may decide to go ahead with the lawsuit without your knowledge, which could even lead to a judgment against you. This can happen not just if you fail to designate a registered agent, but also if your agent is not present during business hours to accept the document delivery.

Conclusion

As you can see, the task of designating a registered agent for your Washington business isn’t quite as easy as just writing down your own name.

There are significant downsides to just about every option in our opinion, but we recommend hiring a professional registered agent service because that option has the fewest disadvantages. They charge affordable rates, and you never have to worry about losing your good standing, having your LLC or corporation dissolved, or having a lawsuit proceed in your absence.

If you have any further questions, you can contact the Washington Secretary of State:

Corporations Division
Dolliver Building
801 Capitol Way South
Olympia 98501
(360) 725-0377
corps@sos.wa.gov