A registered agent is the person designated by a business entity, such as a corporation, to receive legal correspondence on behalf of the business entity within the state which the agent's address is located. The person may be an officer of the corporation or a third party, such as a manager or attorney. A registered office may be at an address that is different from the corporation’s business address. Often, companies act as their own registered agents, as long as the address provided to the state is in the state of incorporation. Post office boxes cannot be used for a registered agent’s address.
The law states that notice to a nonprofit corporation (such as an incorporated HOA) may be addressed to: (1) its registered agent at its registered office,or (2) the corporation's secretary at its principal office. (See Section 16-6a-105(3)). Thus it is very important that the address of an association's registered office and principal office be kept current by the association with the Utah Division of Corporations, or the association risks failing to comply with a deadline that may be contained in correspondence to the association, such as in a records request by an owner, a corporate entity renewal form from the Division, or litigation-related correspondence.
Statutes and Cases:
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)