Registered Agent

Started by GenoS • 10 replies • 761 views

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GenoS (Florida)
Posts: 4,276

Posted:

Our president terminated the services of our attorneys in early May and along with that, they filed notice with the Secretary of State that they were resigning as our registered agent. The president negligently failed to arrange for a new one. Florida has a modest statutory penalty that amounts to about $2 a day for every day a corporation doesn't have a registered agent but I've been reading about other bad things that can happen. One legal blog page claims that not having on means the coporate veil is pierced. Another says that there are liability issues. Would those issues be personal to the directors of the corporation? I know it's not a good situation, but I don't really know the ramifications other than that if we're sued and there is no registered agent that we can't even provide a defense. Does anyone know anything about this? I don't want to sound the alarm without knowing more, aside from the fact that it's a technical violation of the Florida corporate statutes.

DouglasK1 (Florida)
Posts: 2,046

Posted:

I have no idea about the issues of not having a registered agent, but I would lean towards designating your president.

Escaped former treasurer and director of a self managed association.

KerryL1 (California)
Posts: 14,550

Posted:

Unless I'm reading this wrong, I wouldn't designate this president for anything. How does he have the authority to fire your GC? And leave your HOA in the is quandary?

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By KerryL1 on 06/14/2018 7:16 PM
Unless I'm reading this wrong, I wouldn't designate this president for anything. How does he have the authority to fire your GC?

She doesn't. She does what she wants and makes it up as she goes along, claims to have all kinds of power and authority that's simply not granted by the bylaws. When she fired the attorneys we still had 3.5 hours remaining on a use-it-or-lose-it legal package. At $225 an hour. We lost it. The rest of the board just sits in silence.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By KerryL1 on 06/14/2018 7:16 PM
Unless I'm reading this wrong, I wouldn't designate this president for anything. How does he have the authority to fire your GC? And leave your HOA in the is quandary?

Hopefully the registered agent doesn't have a lot to do. It is just a person with a physical address who can be served in the case of legal action against the corporation. I was registered agent for my HOA for 4 years and it involved no work during that period.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By DouglasK1 on 06/14/2018 8:10 PM
Hopefully the registered agent doesn't have a lot to do. It is just a person with a physical address who can be served in the case of legal action against the corporation. I was registered agent for my HOA for 4 years and it involved no work during that period.

That's pretty much my understanding but this page on a Florida HOA law firm site implies dire consequences. Maybe they're just trying to scare up some business.

RichardP13 (California)
Posts: 3,868

Posted:

I read the article, and that is just attorneys at their worst. Board members can, but they say are not recommended. I worked for three management firms for three years and managing 60 different HOA's. Never once was I served as the registered agent. If you have an attorney on retainer, they can act as your agent, as well as an MC.

I did a web search for"hiring registered agents in Florida" which could be useful.

GenoS (Florida)
Posts: 4,276

Posted:

Thanks, Richard. That does help. That whole page is alarmist.

VictorM5 (Iowa)
Posts: 1

Posted:

The members need to create their profile in order to be registered as a member, I used my AOL tech Support to become registered and the AOL tech support provided me the verification with the email id with the registration account, thus the steps helped me to sign in and now I have become a registered agent and I am enjoying the features.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By VictorM5 on 06/28/2018 4:13 PM
The members need to create their profile in order to be registered as a member, I used my AOL tech Support to become registered and the AOL tech support provided me the verification with the email id with the registration account, thus the steps helped me to sign in and now I have become a registered agent and I am enjoying the features.

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GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Hi, Victor. Did you reply to the wrong thread, perhaps?

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