Minnesota Certificate of Authority / Registered agent
Who stands behind a Minnesota certificate: the registered agent
A Minnesota certificate of authority cannot be held without a registered agent whose office is a Minnesota street address. Replacing the agent costs $35 by mail for an LLC and $50 for a corporation.
The qualification test
Section 5.36 admits three kinds of agent: an individual who lives in Minnesota, a company formed in Minnesota, and an outside company that holds Minnesota authority. Whichever it is, the agent runs a business office at the address registered for the entity. The entity that is applying cannot fill the role itself.
A real office, not a mailbox
The registered office must be a real street office, not merely a mailbox. If the address on file fails that test, the entity has to supply a better one, and no fee may be charged for a change made only to cure the defect. The registered office need not be where the entity does its work.
Changing the agent
Entities use the Notice of Change of Registered Office/Registered Agent, revision 5/31/2024. It asks for the file number, the entity name, the new office address and the new agent, with a line for the agent's name and a statement that the change was approved by a majority of the governing body. Limited partnerships and limited liability partnerships cannot use it; they amend instead. For an LLC the change costs $35 on paper and $55 online, $50 or $70 for a corporation, and $50 for a nonprofit by mail.
Resignation of an agent
To step down, an agent files a signed written notice saying that the entity's principal executive office got a copy. The appointment lapses 30 days after the filing. The schedule lists $35 by mail for an LLC's agent resignation and $50 for a corporation's, with neither offered online. The entity then needs a successor, since a vacancy is a ground for revocation.
When the agent itself moves or renames
If the agent itself moves or renames, a single statement signed by the agent alone updates every entity it serves, reciting that each got a copy. It is worth asking a commercial agent how it will tell you.
How papers reach the entity
Section 5.25 sets an order. Lawsuit papers go to the registered agent; failing that, to an officer, manager or general partner; and last of all to the Secretary of State when no one is reachable at the address on file. Serving through the office costs the server $35 for an LLC and $50 for a corporation, paid at the time of service. The office then sends on whatever it receives by certified mail. A well-chosen agent forwards papers promptly, and an LLC should keep its notice email current so that it learns of problems.
Corporations
Section 303.10 gives corporations the same rules by reference to section 5.36. The corporation change fee is $50 by mail.
Using our agent service
To have us serve as your Minnesota agent, ask when you order; the service is part of $199 through year one, the renewal following at checkout rates. Either way, you stay responsible for telling the agent where to forward papers.
A person or a company
An individual in Minnesota can serve as agent at no charge, but individuals move, retire or become unavailable, and each of those events leaves a vacancy. A company that offers registered agent service keeps the office staffed and handles the paperwork when its own details change. An entity with no Minnesota presence has no one of its own to serve, so it needs a Minnesota individual or a company. Whichever you choose, someone must be present at the registered address.
Keeping the agent informed
Give the agent a current contact for forwarding papers, tell it when the entity's own details change, and ask it to confirm each year that it still serves. A short email in November, alongside the renewal reminder, covers all three.
Registered agent: first year included, then $149 a year
$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Agent questions
Can a friend in Minnesota be the agent?
Yes, provided the friend lives in Minnesota and staffs an office at the registered address.
What if no agent can be found?
The Secretary of State can be served instead.
Can the agent be a PO box service?
No. A mailbox does not meet the real-office rule.
Our fee and the state's
Order my Minnesota certificate
$199
+ $205 state fee (LLC)
The state fee depends on the entity: $205 for an LLC, $220 for a corporation, $70 for a nonprofit, all online. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
- The right Minnesota application for your kind of entity, filled in for you
- Draft wording for the signer's home-state compliance statement
- A registered office and agent in Minnesota: ours, or yours
- Online submission and the issued certificate delivered to you
- Renewal: after the first year, the agent service renews at $149 a year
Sources
- Minnesota Secretary of State business filing and certification fee schedule
- Minnesota foreign LLC certificate of authority form
- Minnesota LLC annual renewal form
- Minnesota notice of change of registered office or registered agent
- Minnesota Statutes 5.36, registered agent for service of process
- Minnesota Statutes 322C.0806, revocation of a certificate of authority
- Minnesota Statutes 5.25, service of process
- Minnesota Statutes 303.10, office and agent
Know your entity type?
Tell us what the company is and where it was formed, and we start the right application.