The Registered Agent Advantage

English: Logo of the SCC eFile website. Taglin...

English: Logo of the SCC eFile website. Created by the Virginia State Corporation Commission. (Photo credit: Wikipedia)

In the Commonwealth of Virginia, as in most states, all corporations, LLC’s or other corporate style entities are required to have a registered agent if they are to do business in the Commonwealth.  The reasons for the requirement are many, but the main ones are taxation, service of process and communication from the Virginia State Corporation Commission (the “SCC”).  Without such a registered agent, many rights, for example the right to prosecute a lawsuit, are not available to the unregistered entity.

As a construction company that I hope is incorporated (if you aren’t you should do take this step), your registered agent can be an officer of the company, a company that meets the requirements of the SCC that allow it to act as a registered agent, or an attorney licensed in the Commonwealth of Virginia.  It is this last category that you should carefully consider.

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About musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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