How to Get a Registered Agent in Wisconsin

The term “registered agent” often comes up during the formation process for new Wisconsin business owners. But not everyone understands why they must hire a registered agent or what this agent does for their company.

Learning about the job attributes and other legal requirements surrounding the registered agent title is crucial for setting up a business correctly in Wisconsin. Keep reading to learn more about Wisconsin registered agents and compliance with LLC formation laws.

Key Takeaways 

• A registered agent is an individual or business entity in charge of legal correspondence for LLCs, corporations, nonprofit organizations, and other businesses.

• Registered agents in Wisconsin can be individuals and business entities with a publicly listed physical address (registered office) in the state.

• Electing a registered agent in Wisconsin involves filing business formation forms and paying a small fee.

What Is a Registered Agent? 

You may hear the term registered agent or statutory agent when discussing crucial requirements for registering a limited liability company (LLC) and other business entities in Wisconsin. These agents are responsible for handling legal documents, service of process notices, and other compliance notifications for government deadlines.[1]

Think of a Wisconsin registered agent as a point of contact between your Wisconsin LLC or corporation and the state. The agent can operate independently of your regular business hours and keeps your business in good standing with state laws.

But more than that, a Wisconsin registered agent may have many other responsibilities with the state and the companies they represent. Learning about these extra duties sheds additional light on the importance of using one, aside from obtaining authorization to transact in Wisconsin.

Registered Agent Responsibilities 

The primary role of a Wisconsin registered agent is receiving legal documents like service of process notices sent to their represented clients. However, these agents must also fulfill additional responsibilities:

• Maintain a business address or physical street address listed on public record that isn’t a P.O. box or mailing service

• Accept, verify, process, and forward legal documents from the Wisconsin Secretary of State

• Stay up to date on state legislation

• Track and organize received files by priority

• Be available during regular business hours to accept legal documents

Failure to meet these responsibilities can cause your business to lose its good standing. It can also enable the Secretary of State to dissolve your LLC or withdraw its license to operate in the state. Sometimes, this may hinder your ability to conduct business in other states.

Choosing Your Wisconsin Registered Agent 

Choosing a Wisconsin registered agent is mandatory for all individuals interested in setting up a Wisconsin company or expanding operations in the state. Before making a decision, you should know the requirements of registered agents and who qualifies for the role.

Wisconsin Registered Agent Requirements 

There are two main requirements for serving as a Wisconsin registered agent:

1. Be a state resident over 18 years of age in good standing with the state

2. Keep a registered office address that maintains regular business hours 

The Wisconsin Secretary of State allows a Wisconsin business to represent another business as an LLC registered agent. This enables business owners to name a different LLC or even an out-of-state or foreign LLC as the agent in its formation documents.

Interestingly, unlike an individual Wisconsin registered agent, an LLC registered agent doesn’t have to be based in Wisconsin. It only needs to cover any state fees required to gain authorization to transact in the state and fulfill its registered office requirements.

Can I Be My Own Registered Agent in Wisconsin? 

A business owner can be their own registered agent in Wisconsin, provided they meet the state’s requirements before being named in the LLC formation papers.

Being your own registered agent or naming someone else in the company as a legal point of contact may look like an attractive option at first. This lets you keep legal documents in your own hands and cut certain yearly expenses. Unfortunately, these advantages don’t outweigh the cons of serving as your own registered agent. Here are some of the downsides worth considering.

• Listing the office address as a registered office in the public record eliminates privacy

• Keeping regular business hours means you can’t work remotely or at odd hours

• Receiving documents can overwhelm an inexperienced registered agent, especially when they have other duties

• Getting served at the office can negatively hit a company’s reputation in front employees, customers, clients, and partners

While business entities may serve as registered agents for other businesses, you can’t name your own company as its registered agent. Only the owner and company officers can be elected as registered agents and use the company’s office address as a registered office for receiving legal documents.

This requirement is one of the main reasons electing yourself or a company employee as a registered agent isn’t worth it in most scenarios.

Benefits of a Third-Party Registered Agent 

In-house registered agents may still seem like a simple option for newly formed small businesses. However, whether you have a startup or a large company, a Wisconsin registered agent service offers many more advantages and ensures you maintain good standing.

Benefits include the following:

• Create flexible work schedules

• Travel without the obligation of maintaining regular business hours

• Keep your company’s business address or owner’s home address private

• Switch business locations easily and with fewer state fees

• Gain same-day mail forwarding for service of process legal notices, report reminders for annual reports, and other compliance documents 

• Set up in-person document drop-offs or online uploads with discretion so you never risk being served in front of employees or clients

• Prevent a heavy influx of advertising mail and other forms of junk mail

• Ensure eligibility for earning a certificate of good standing from the Wisconsin Secretary of State

• Remain productive and focused on tasks instead of worrying about brushing up on state legislation

• Remove the need to open a new physical office in other states if you need the authorization to expand

The best registered agent service will help entrepreneurs focus on improving business services and maintain stellar reputations with clients and legal bodies. We offer registered agent services in all 50 states to help your business maintain compliance, protect your privacy, and continue to succeed.

How to Set Up Your Wisconsin Registered Agent 

Knowing what a Wisconsin registered agent does and who qualifies for the position is one part of getting your formation documents in order. The next step is to learn how to elect or even change your designated registered agent so you can maintain your good standing with the state government.

Electing a Wisconsin Registered Agent 

LLC business owners can designate a registered agent by filling in the required fields in the Wisconsin LLC Articles of Organization form under the “Registered Agent” section.[2] We’ll take care of the paperwork on your behalf and fulfill your registered agent requirements. Alternatively, you can fill out the form and file it with the Wisconsin Secretary of State online or at the following mailing address.

State of Wisconsin Department of Financial Institutions – 

Division of Corporate and Consumer Services Corporations Bureau

P.O. Box 93348 

Milwaukee, WI 53293-0348

You can expect to pay $170 in state fees when mailing the paperwork or $130 when completing the process online.

Changing a Wisconsin Registered Agent 

If you want to change your Wisconsin registered agent, you don’t have to pay additional state filing fees to the Wisconsin Secretary of State if you aren’t changing the registered office. If the office does change, you must pay a standard $10 fee.[3]

The easiest way to elect a new registered agent is to let your new registered agent provider complete the change. We’ll file the paperwork needed and cover any associated fees on your behalf. Otherwise, you can locate your business entity’s record and request to file a Registered Agent or Office Update Form with the Wisconsin Department of Financial Institutions (DFI).

FAQs 

Who can be a Wisconsin registered agent?

Registered agents in Wisconsin can be any adult resident or state-authorized LLCs and corporations. In addition, foreign corporations and LLCs with authority to transact in Wisconsin can serve as registered agents as long as they maintain a Wisconsin physical address and keep regular business hours.

How much does a registered agent in Wisconsin cost?

Wisconsin statutory agent services can range between $50 and $300 per year, depending on the services provided and the agent’s responsibilities. 

How do I change my registered agent in Wisconsin?

You can change your Wisconsin registered agent by submitting a Registered Agent or Office Update Form with the Wisconsin Department of Financial Institutions (DFI). Specifically, you must file with the Division of Corporate and Consumer Services Corporations Bureau.

How do I find a registered agent in Wisconsin?

You can find qualified registered agents in Wisconsin by searching for local service providers online, accessing the Wisconsin Department of Financial Institutions (DFI) online database, or asking for personal recommendations from business partners.

What is a Wisconsin registered office?

A Wisconsin registered office is the physical business address registered on public record where a registered agent receives essential documents. Depending on the agent, it can be a home or office address in Wisconsin. The registered office can not be a local P.O. box or mailing service.

What’s the difference between a registered agent and a resident agent or statutory agent?

Registered agents, resident agents, and statutory agents refer to the official point of contact named on company formation papers. The terms are mostly interchangeable, but “resident agent” is rarely found on official paperwork.

What is a registered agent service?

A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.

Bibliography

1. State of Wisconsin Department of Financial Institutions. “FAQ - Registered Agent.” Accessed March 3, 2023.

2. State of Wisconsin Department of Financial Institutions. “Articles of Organization: Limited Liability Company.” Accessed March 3, 2023.

3. Wisconsin State Legislature. “Chapter 183 Uniform Limited Liability Company Law.” Accessed March 3, 2023.