The difference between a charitable registered agent and a standard one is that the charitable registered agent is designated as the point of contact for certain states’ charitable solicitation authorities, whereas a standard registered agent is most commonly appointed with the secretary of state office for corporate registration purposes. The main difference is which state office the registered agent is appointed with.

If you’re familiar with how a standard registered agent works, you understand that it’s a business’s legal appointee to receive notice of lawsuits and other legal or government notices. State law requires every LLC, corporation, and other business entity to have one on file with the corporations division, usually organized under the Secretary of State office. The business lists its registered agent either when the business is formed or when the business expands to that state. Some states call the registered agent a resident agent, statutory agent, commercial registered agent, or registered office. The appointee may be a person or a business.

Likewise, a charitable registered agent is the designated point of contact for legal deliveries. However, instead of being appointed with the corporations division when the legal entity is formed or expands into a new state, it’s appointed with the charitable solicitation authority when the nonprofit registers for solicitation.

A charitable registered agent is appointed by listing the registered agent address on the state’s charitable registration application. Most states maintain databases of registered charities which may list the charitable registered agent address. Updating the appointment is done by changing the address on renewal applications. States do not typically provide an application for the specific purpose of changing a charitable registered agent address. In some instances, it may be possible to change the address by contacting the charitable solicitation authority and requesting the change.

Technically, yes. But, proceed with caution.

Nonprofits that register for fundraising must appoint a registered agent in up to 9 states. While some states will allow you to list a state office as the registered agent address, others do not. In those cases, there are two options to meet the state requirements.

Option #1: Appoint an Individual

Many states allow you to appoint any consenting resident as your agent. Typically nonprofits appoint a representative within the organization.

Your registered agent must provide their physical street address where they can be served on behalf of the business. A post office box is not allowed.

Your registered agent should be available during business hours to accept and sign for legal documents. Remember that a sheriff or other government official would visit this address with the expectation that someone will be available to sign for receipt of a notice of a lawsuit or other document.

Option #2: Appoint a Commercial Charitable Registered Agent

You may hire a company to serve as your registered agent (such as us).

• Comply with the Registered Agent requirement
  Nonprofits that do not have a registered agent that meets the requirements can fulfill the registered agent requirement by obtaining a registered agent service such as ours.
• Protect your privacy
  Avoid receiving process servers, sheriffs, and other officials in front of your clients and employees. Maintain anonymity by having a registered agent’s address listed on the state’s public website.
• Maintain a flexible schedule and locale
  Enjoy the freedom of having flexible hours and days off while your registered agent reliably stays open during business hours. If you move your office, using a registered agent service avoids the state fee to change your registered agent.
• Reduce the risks of default judgment and administrative dissolution

Some states, like Hawaii, let registered nonprofits choose between appointing their own charitable registered agent or listing the address of a state office to receive official document deliveries. Organizations should think carefully about appointing a state office as their charitable registered agent. While it may satisfy the requirements, will it result in documents being reliably delivered in a convenient and timely manner? State offices aren’t organized to be efficient, user-friendly legal document storage and delivery services. Commercial charitable registered agent services, on the other hand, are organized to do just that. While the no-cost appointment may be compelling for tightly-budgeted nonprofits, if delays or misplaced documents are the result, donor trust is at stake.