I just started a new LLC in Florida. I was told that I must have a registered agent to accept summons. I asked if I could be the registered agent. I was also told that if I chose not to have a registered agent and a summons was attempted to be served and I wasn't there to receive it, I would automatically lose the lawsuit. I had also read in the statues that the Secretary of State can serve as your substitute registered agent but the language was confusing and I'm not sure I understood it correctly. So, I'm trying to decide 1) Will I lose a lawsuit if a summons is attempted to be served and there is no one available to receive it. 2) Can the Secretary of State can serve as my substitute registered agent? Thank you very much.
Problem is not if you're around not receive it but if you are the only agent to receive a summons and you were not around service may be deemed effective if the documents just left addressed to you or mail to you.
Generally, a court acquires personal jurisdiction over a defendant upon the valid service of initial process (summons). The Secretary of State may be served on behalf of an LLC under certain circumstances. See 48.062(3), Fla. Stat. You may wish to select a private company to serve as the registered agent instead. There are some well-known companies available for a reasonable fee. Good luck.
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