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Registered Agent: Why Do I Need It?

In a world where budgeting and cutting costs is almost crucial for people to make ends meet, cutting the $40 cable bill and replacing it with the $11 Netflix bill is just one of the many ways people are revamping their budget to ensure they are not living paycheck to paycheck. Business owners are not alone and often have to make these types of decisions for their businesses. One question that frequents our office is, “Do I have to have a registered agent?”

Why Do I Need a Registered Agent?

In short, if you do not have a physical presence in the state you are conducting business then you are required by law to have a registered agent in most states. The states need a way of contacting you for business matters such as tax notices, legal documents, and service of process (SOP). Although this is the most common reason to have a registered agent, it is not the only reason. Some companies require a registered agent due to the infrastructure set up. Other times companies will appoint an agent so that process servers are not showing up at the place of business to serve the company an official notice of a lawsuit. No matter the reason you have an agent, Incorporating Services is equipped to represent your company in all 50 states, the District of Columbia, and in most international locations.

What Does a Registered Agent Do?

A registered agent is an entity or individual named with the governing office to accept SOP, governmental mail, annual reports, and tax documents from the jurisdiction on behalf of the company. The latter are just some of the basic services a registered agent can provide. Incorporating Services offers enhanced services such as our Annual Report Filing Service (ARFS) where we proactively compile and maintain the necessary information to prepare, file, and make payments regarding your annual reports; Mail Forwarding, forwarding mail outside of what the registered agent typically sends out; and, Virtual Office, providing your business with a commercial business address and unique suite number so that you can conduct business from anywhere. These enhanced services help to keep your company in compliance and eliminates worries.

Why is Having a Registered Agent So Important?

The state needs to know that businesses have a contact person at a physical location (not a P.O. Box) to contact regarding any of the aforementioned notices/documents. If a registered agent is not appointed or maintained, state can take action to administratively dissolve or cancel your company for failure to appoint a registered agent. Once that action is taken, the result renders your company unable to legally conduct business until brought back into good standing. Additionally, time-sensitive material requires immediate attention. A professional registered agent allows you to focus on your clients while we handle the critical paperwork. Furthermore, having an agent separate from your business address protects your business’ image; being served notice of litigation at the business’ physical location can be detrimental to the client/business relationship.

Can I Be My Own Registered Agent?

In most states, so long as you have a physical address (not a P.O. Box) in that state, and are available during normal business hours (Monday through Friday), you can be your own registered agent. However, this leaves you solely responsible for obtaining and maintaining your company’s compliance. With Incorporating Services’ many locations, enhanced services, and dedication to you and your company, we are equipped to handle the formalities so you can focus on your customers.

Amanda Archambault, Registered Agent Associate

Registered Agent Incserv blog

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Jurisdictional Closures for July 2019

Please see the list below for Jurisdictional Closures for July.Dates and information are subject to change.     
Date:                Holiday:                                         State:

July 4th             Independence Day                      All national, state and local offices are closed

July 24th           Pioneer Day                                  UT

Please check out our blog posts throughout the month for any last minute changes or updates from these or any other state or local office

If you have any questions or need assistance, feel free to contact us at 800-346-4646 or via email at info@incserv.com.

closures Incserv blog

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California Name Reservations

Corporation, Limited Liability Company (LLC) and Limited Partnership (LP) names may be checked for availability and reserved in the State of California.  The following rules and guidelines are in place for California:

  • A corporation name may be adopted if the name is not the same as or too similar to an existing name on the records of the California Secretary of State or if the name is not misleading to the public.
  • A limited liability company name may be adopted if the name is distinguishable on the records of the California Secretary of State or if the name is not misleading to the public.
  • A limited partnership name may be adopted if the name is distinguishable on the records of the CA Secretary of State.

Names are checked only against names of like entities registered with the CA Secretary of State (for example; a proposed corporation name is checked for availability only against other corporation names).

A name may be reserved in the State of California for a period of 60 days.

A preliminary search of a name can be made online with the CA Secretary of State, but this search is only a preliminary search and not intended to serve as a formal name availability search.

Incserv is here to assist with formal name searches and with name reservations in CA.

Prior to the lapse date of the name reservation, Incserv will verify the name reservation is still valid and send a notice of renewal, so the name remains secure for as long as needed.  Please contact your Incserv representative at orders@incserv.com for assistance or more information on this process.

Rose Redman, Assistant Vice President Operations

California Incserv blog

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When To Use A Service For Apostille, Authentication & Legalization Process

A service will help you outsource the time and frustration with managing the Apostille, Authentication and Legalization process and to avoid any unnecessary delays. Generally, clients use a Apostille, Authentication and Legalization service to:

  • Expedite the process, when time is of the essence
  • Avoid the administrative challenges and frustrations, anticipating rejection traps which can result in costly delays
  • Stay on top of process changes to help the documentation process as smoothly as possible
  • Help manage trick situation when the process is unclear or a process has changed

Even staying on top of process changes there can be unexpected delays.

Sometimes Tech innovations meant to expedite the process can have the opposite effect. For example, as processes and financial transactions transition from paper to electronic process there are sometimes unforeseen “hiccups” in our user experience (UX). One recent example that comes to mind was the procedural shift in the United Arab Emirates (UAE) in the financial payment process moving from certified checks to electronic funds transfers. Unfortunately a snafu in the newly launched payment process sent an Incserv client’s documents in apparent limbo when the sales receipt did not appear properly. A process that typically took less than 5 days, took three weeks to sort out.Apostille signed doc 2018 1024x684

Fortunately an excellent relationship with the consulate administrators, gave our team insight into the process. While it took longer than anticipated, the client found some reassurance knowing that this issue was technical and not pertinent to their submission. Nor were they responsible for the daily, sometimes twice daily calls to the consulate, as the problem was eventually sorted.

Two Birds One Stone – Bundling Translation and Documentation Procurement
Another situation it may be expeditious to hire a service to handle the Apostille, Authentication and Legalization Process is when you need translation services or document procurement in addition to legalization. For patent, trademark, and copyright legalization, we often work with clients to obtain the necessary federally filed documents.  For document translations services, Incserv has excellent relations with service providers such as Language Innovations that provide certification ready translations to smooth the review process.

In short Apostille, Authentication and Legalization Process service is one way to outsource, the time, effort and stress. We’re happy to discuss if our services might be right for you as well as any additional services we can provide.

For more information or if you have questions please contact us at info@incserv.com.

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Janice Lugo a Client Accounts Specialist

Sitting down with Janice Lugo, Client Accounts Specialist with Incorporating Services. We are catching up on a rainy Friday afternoon. Even though it’s the time of the week most folks check out for the weekend, you can tell there is still a lot of buzz going in the office. We get right down to it, first covering the basics name rank and serial number type questions.

Name:  Janice LugoClient Janice 2019 768x1024
Role: Client Accounts Specialist
Hometown: Wilmington, DE

Q: What school did you go to?
Janice Lugo (JL): For junior high and high school I went to Cab Calloway School of the Arts (Dance Major) here in Delaware before going to the University of Delaware, where I graduated in Anthropology and Latin American Studies. I love learning about history and culture.

Q: Studying Anthropology, probably helps you connect with clients.
JL: That is definitely true, it teaches you to listen to what’s going on.

Q: So, how long have you been with Incserv?
JL: It’ll be 4 years in August, I started out initially as a Client Accounts Associate and worked my way up to Specialist.

Q: So what does a “Client Accounts Specialist” do exactly?
JL: We do a lot of things, we do entity registrations with the various secretary of states across the country, document retrieval, UCC searches, and filings, we also do a ton of project work. Basically, if you need something registered or filed in the 50 states, that’s how I help.  

Q: What do you like the best about your job?
JL: It’s never the same from day to day. It’s never boring and I am constantly learning new things.  I will say it’s also what’s the most challenging thing about my job as well, each state is different so you need to be able to know the right answer or be able to find it quickly.

Q: Kind of like a little mystery!
JL: Exactly, the good news is, I also have a great team of correspondents around the country, that help me out.

Q: Sounds like you enjoy collaborating.
JL: I do. It helps when you have a great team in and outside the company. In particular, I’d like to shout out to Karen Elliott (Associate VP of Client Development). She’s a great mentor. I really feel like she has my back, and wants to help me grow. I think we get along so well because we share the same work ethic. Having a mentor like that is very important.

Q: That is very true, especially if you enjoy learning. 
JL: And there is so much to learn, especially with all the changes and updates.

Q: So I have to ask, since high school, do you still dance? 
JL: I do! I love Salsa, Bachata, Merengue but I have a 5-year old now, so I don’t make it out as often. To be honest, I also really enjoy my down time, relaxing and binge watching the Office, I’ve watched the entire series multiple times.

Q: Does anyone at Incserv remind you of a character from the Office?
JL: [laughs] some do, yes.

Q: Ok, are you ready for the speed round? 
JL: Ready.

Q: Favorite Pizza topping and are you pro or Anti Pineapple?
JL: Definitely Pro! My favorite is BBQ Chicken Hawaiian.

Q: Cowboy, Ninja, or Bear
JL: [no hesitation] Bear!

Q: What’s on your bucket list?
JL: Believe it or not, I have yet to travel to Europe.

Q: DC or Marvel
JL: Marvel, I have my tickets to EndGame already.

Q: So then who’s your favorite superhero?
JL: [no hesitation] Iron Man

Q: Ok that’s it. Thank for your time.
JL: Thanks, it’s been fun.