n United States law, an agent is any person or company designated as legal agent to receive service of public process in any legal action including a civil suit or summons. It is an agent who is authorized to act on behalf of the principal. Without the service of this person the principal would not be able to complete the process to settle a claim, respond to a complaint, appear in court or submit documents to the court. A registered agent can serve as the principal's representative in many matters including: mortgages, deeds, corporate actions, stock brokerage, real estate closings, patent registrations, modifications to contracts, tax registration, and changes to the corporation's charter. It is very important for the principal and/or agents to understand and know the role of an agent. This article provides an overview of the registered agent and how he or she can help the principal to protect their interests.
There are two types of agents: the resident and nonresident. The registered agent must have a physical address in the state that he or she will be practicing law in. The resident agent must have a permanent address outside of the state that he or she will be practicing law in. Both types of agents can have their own mailing address. Registered agents need to keep records of all meetings and documents submitted to the court. Certified copies of these documents and records are needed by both the resident and nonresident agents.
When a plaintiff submits a complaint against another entity, it is the registered agent who contacts the defendant and helps him or her to prepare and answer the complaint and obtain a judgment against the entity. In general, there is a good standing or reputation problem with any party who has not complied with the proper filings. The failure to answer properly can result in a default judgment against the plaintiff. Default judgments are often obtained when a plaintiff attempts to bring a civil lawsuit without having a registered agent. Once the registered agent is appointed, the plaintiff has to obtain the court order and serve the defendant. Once served, the defendant usually has 30 days to answer the complaint and respond properly or move for summary judgment. Visit https://digitalassetguy.com/what-is-a-registered-agent formore details on this topic.
A common situation where a plaintiff has to engage the services of a registered agent includes the filing of a complaint in a corporate court. Sometimes, the process of filing suit against a corporation is so complex that the person filing is unable to accomplish this on her own. In such cases, the registered agent must seek professional help. Only after consulting a lawyer or law firm should a person file a suit against a corporation.
When a corporation is sued in more than one state, chances are that it has many corporate entities domiciled in different states. To fight in different courts and jurisdictions, the corporation may appoint an agent for its transact business. The registered agent should ensure that the corporation has the address for its registered agent in every state where the corporation conducts business. This ensures that the process of getting the summons for the entity can be accomplished in accordance with the state and federal laws applicable in each state. The registered agent for the corporation must also provide the corporation with all the information that it needs to get ready for the suit in every state where the corporation has its registered agent office.
The registered agents do not need any special clearance for them to be allowed to receive a summons from the court. As long as they are above 18 years old, they are expected to attend the summons as their usual party. They will need to appear personally in court, although not publicly, unless the case involves a private plea or a motion of non-party. If required, they can submit written sworn affidavits. They cannot request the presence of a jury, because this is not among the functions of a corporation. To get more enlightened on this topic, see this page: https://en.wikipedia.org/wiki/Digital_asset_management.