Register S CorpThe agent is not the election
A registered agent receives process and official mail. That job has its own fee and its own renewal.
See the third job
A registered agent receives process and official mail. That job has its own fee and its own renewal.
See the third job
The week a company is formed often produces three invoices. One is the state filing. One is the registered agent. One may be a software subscription that offers to remember the company. Each invoice buys a different job. Only the state filing creates or amends the public record. Only a later federal form elects. The agent invoice buys a place where lawsuits and official notices can be delivered.
People hear the word agent and think of someone who acts for them in every room. A registered agent acts in one room. The room is service of process and official mail. The agent does not sign the election, does not close the month, and does not decide a wage. If the agent is a commercial service, the service will say this in its own terms. If the agent is a friend, the friend may not.
We are not the agent unless a separate writing says we are, and that writing is not what these pages are selling. These pages are about seeing the jobs apart so the election is not assumed from an agent renewal. The renewal proves the mail contract continued. It does not prove a tax status.
Lawsuits arrive at the agent. Annual reminders from the state arrive there. Sometimes a tax notice arrives there because a form used the agent's address. The agent forwards the envelope. The person who can answer the envelope is still you, or the practice you hire for the books and the return. Forwarding is not answering.
A missed forwarding relationship is a quiet failure. The state site still lists the old agent, the old agent stopped opening mail, and a notice sits in a pile. Good standing can slip for a reason that never reached the owner. When we look at a company, we look at the agent line on the state record for that reason. The line is a mailing fact, not a tax fact.
Changing the agent is its own state filing, with its own fee on that state's schedule. We do not print the fee. The receipt for a change of agent should not be filed in the folder as if it were an acceptance letter. The headings are different. Read the heading before the folder gets a new tab.
Form 2553 does not become complete because an agent was named. The form asks about owners, the tax year, and signatures. The agent's name may appear because the company needs a public address, and that appearance still does not elect. The acceptance, when it comes, will not mention the agent's annual invoice.
Books stay apart from both. Contributions, distributions, and retained earnings are ledger facts. The agent never posts them. A payroll provider you run posts wages. We set that provider up after the acceptance, and we still do not run payday. The agent is not in that chain at all.
If your only paper is the agent agreement, you have the third job and you may be missing the first two. The note can say that plainly. We would rather start from a missing election than from a thick agreement about mail.
In the note, name the agent and name the election as two lines. Agent appointed, or agent unknown. Election accepted, election signed, or election never started. Those two lines keep the Wednesday sentence from forming. They also tell us whether the state record needs a correction before any tax conversation is worth the hour.
A commercial agent is a vendor. A friend who agreed to be agent is a person doing a narrow legal job and may want a lawyer's advice about what they just took on. We do not give that advice. We can tell you the public record and the federal file are different piles, and we can keep the pile that is the books.
When both piles are named, the month can close on real facts. Until then, a neat set of books can still describe the wrong year. The agent renewal is not the signal that the year is ready.
Say who receives official mail, and whether that fact has been confused with the election.
You will be talking to the Steven Palmieri practice.