How To Request Resignation of a Registered Agent? (Guide)
A registered agent who wants to stop serving must follow the notice and filing rules in every state where the entity appointed them. Filing alone may not end the appointment immediately, so confirm who receives notice and the effective date before planning the handoff.
Quick Summary
- The appointed agent files the required resignation, and each state sets its own form and notice rules.
- The end date may be immediate or delayed, so read the current state instructions.
- Texas Form 402 has a notice deadline and takes effect on the 31st day after the state receives it.
- The LLC may need a separate filing to name a successor and update its record.
What Happens When a Registered Agent Resigns?
A resignation is the agent’s formal step to end a current appointment on an entity’s state record. The state may require notice to the LLC, a signed filing, or both, and the effective date depends on that state.
This differs from the LLC’s change-of-agent filing: the outgoing agent starts the resignation, while the LLC generally remains responsible for appointing a successor. For context on the role being ended, see our complete guide to what an LLC registered agent does.
Steps to Resign as a Registered Agent
Check the business record in every state where the LLC appointed this agent. The same LLC may have separate agent appointments in its formation state and in states where it registered to do business.
- Find the LLC’s exact legal name and state file number; compare them with the current public record.
- Read that state’s current resignation instructions. Confirm the form or portal, recipient, notice method and deadline, signature rules, fee, and effective date.
- Send any required written notice to the LLC using the address and delivery method the state requires, then keep proof.
- Complete and sign the correct resignation filing with the LLC’s recorded name and number, and submit it through the approved route. If you never consented to serve, check for a separate rejection process.
- Save the filing receipt, calendar the effective date, and check the state record to see whether a successor has been named.
Do not assume the agent’s resignation form appoints the LLC’s replacement. The company may need to file a separate change before the outgoing agent’s effective date.
State Examples: Resignation Rules Differ
These examples show how filing, notice, and timing rules can differ. Use only the current instructions for the state where the appointment appears.
California: Agent for Service of Process
California’s Form RA-100 is the resignation form for an agent for service of process. It asks for the entity’s exact name and file number, plus the resigning agent’s name.
The agent’s authority ends when the statement is filed, and the state sends notice to the LLC’s principal office. The LLC must promptly file an initial or amended Statement of Information naming a replacement, as described in California Corporations Code section 17701.15.
Form RA-100 has no filing fee. Since August 1, 2026, users need established User Access before filing a Statement of Information online.
Texas: Notice Deadline and Effective Date
Texas requires the agent to give written notice to the LLC at the most recent address known to the agent. The agent must file notice with the state before the 11th day after sending or delivering that notice.
The appointment ends on the 31st day after the state receives the filing; Form 402 has no filing fee. The Texas Secretary of State’s Form 402 instructions explain the filing route. If you never consented to serve, Texas uses a separate Form 428 rejection, not a resignation.
Georgia: Form RA-1 Timing
Georgia’s Form RA-1 requires the agent to certify that written notice was delivered or mailed to the entity. It states the appointment ends on the 31st day after filing, or earlier if the LLC files an annual registration naming a successor [1].
That earlier-end rule is Georgia-specific. Form RA-1 lists a $10 paper filing service charge, so confirm the current fee and submission route before filing.
What the LLC Should Do After Receiving Notice
The LLC should plan for its successor and confirm which filing updates the public record. The outgoing agent’s resignation usually does not complete that company-side change.
File the Replacement Appointment
The LLC should choose an eligible successor and file the state’s separate change-of-agent form. Some states let the company name its replacement before the outgoing agent’s resignation takes effect.
Save the state’s receipt and verify the replacement’s name and address in the public record. Our guide to changing an LLC’s registered agent explains the entity-side filing.
Choose Who Can Serve as the Replacement
An owner may serve only if the state permits an individual agent and the owner meets its address, residency, and availability rules. See whether you can be your own registered agent before the LLC makes the appointment.
Confirm the successor agrees to serve and can receive legal papers at the required address and times. Our guide on choosing a registered agent for an LLC covers those checks.
Cover the Transition and Protect Deadlines
If no successor appears by the effective date, check the LLC’s state status and any official cure deadline. A vacancy may affect filings or good standing, but the consequence depends on the jurisdiction.
Keep routing mail and electronic notices to the LLC while the handoff is in progress. If a lawsuit is pending, check the actual service date and court deadline promptly.
FAQs
How Do I Request Resignation as a Registered Agent?
Check the state’s process, give the required notice, and file the resignation form with the correct filing office. Keep proof of delivery, the accepted filing receipt, and the effective date; repeat this for each state record where you serve.
Does the LLC Have to Appoint a New Registered Agent?
The LLC must keep an eligible registered agent wherever state law requires one. It usually files a separate change naming the successor and should verify the updated state record.
What If I Was Listed as Agent Without My Consent?
Check whether the state has a rejection or correction filing for an appointment you did not authorize; the ordinary resignation route may not fit. Texas, for example, provides a separate Form 428 for rejecting an appointment.
References:
- https://sos.ga.gov/index.php/node/1922
