Professional Services Accounting ARTICLE -
Massachusetts Businesses are Now Required to Appoint a Resident Agent

Target Audience: Law Firm Professionals, Professional Corporations, Non-profit Corporations, Resident Agents

As of July 1, 2004 the Massachusetts Business Corporation Act was in effect. This new Act was enacted by the Massachusetts legislature.

Effective July 1, 2004 every Massachusetts corporation including non-profit and professional corporations has to provide the Secretary of the Commonwealth of Massachusetts the name and address of a resident agent even if the corporation has an office in Massachusetts. This is different from the prior law where the Secretary of the Commonwealth's Office does not require a corporation to appoint a resident agent if the corporation has an office in Massachusetts.

If you haven't already appointed a resident agent, a resident agent is appointed by adopting Director's Resolutions naming the resident agent and by filing a Certificate of Appointment of Resident Agent with the Secretary of the Commonwealth's Office. It is recommended that these filings be done as soon as possible to avoid incurring a fee or penalty when filing with the Secretary of the Commonwealth's Office. The Secretary of the Commonwealth's Office currently does not charge a fee for filing a Certificate of Appointment of Resident Agent.

Further information may be obtained on the Secretary of State's website, at
http://www.sec.state.ma.us/.

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