Arizona Registered Agent
In the state of Arizona, registered agents are also dubbed statutory agents. The primary function of a Registered Agent is to enhance efficiency, orderliness, and adherence in official correspondence and communication.
Regardless of the type of business being formed, the preliminary formation steps include selecting and filing a registered agent whose record will be public with the Arizona Secretary of State.
Is a Registered Agent Required in Arizona?
Yes. Companies, such as corporations and limited liability companies (“LLCs”) filed with the Arizona Corporation Commission (ACC), are mandated to assign a statutory (resident) agent in the state of Arizona per ARS Section 29-3115.
This registered agent can be an individual or an authorized agent given the authority to sign for the entity. The registered agent is expected to acknowledge the designation in writing by signing the Statutory Agent Acceptance form M002 for the appointment to be recognized and effective. When the business entity is formed online via the ACC’s eCorp system, the Statutory Agent can accept the appointment using the eCorp dashboard.
What is a Registered Agent in Arizona?
A Registered or Statutory Agent in Arizona is a person or another business entity authorized by a corporation or LLC to accept and disperse service of process, which comprises lawsuit papers, legal documents, and other official mail and notices from ACC on behalf of the corporation or LLC.
The agent is also referred to as a “statutory” agent in Arizona because state statutes mandate corporations or LLCs to nominate a suitable individual with a valid address attached to the records of the Arizona Corporation Commission to fill this position. The position of a registered agent ensures a constant and dependable point of contact to acknowledge and respond to vital legal and tax documents, information from the Arizona Corporation Commission office, government notices, and other official mail on behalf of the business it represents.
Business owners are expected to designate their preferred registered agent when filing the Articles of Incorporation or Organization, the preliminary business formation document in Arizona—any business entity with an inactive agent risks being administratively dissolved by the ACC.
In conclusion, a registered agent is a firm’s essential communication point for receiving important information and documents such as:
- Court case files, court warrants, summonses, and other papers linking to a lawsuit or action filed in a law court
- Government tax notations (either Federal or State)
- Compensation adjustment information
- Official state correspondences
- Arizona Corporation Commission filing and renewal notices
What Does a Registered Agent Do in Arizona?
Arizona registered agents primarily serve as a contact point for the service of process and ensure compliance with stipulated dates, deadlines, and courses of action. Their impact on the sustainability of corporations or limited liability companies is not evasive. The duties of a statutory agent are listed below:
- Promptly receiving and disseminating official correspondence, tax notices, legal papers, summons, court verdicts, and other information from the ACC or government on behalf of the limited liability company or corporation he/she represents.
- Appropriately notifying the corporation or LLC of his/her resignation as stated in section 29-3117, subsection C of the Arizona statutes.
- To keep the ACC and other required agencies abreast with current changes concerning information entered in the articles of incorporation, articles of organization, or foreign registration statement during filing.
- Supplying the firm or corporation with a current and reliable physical address for accepting official mail and legal documents.
- Being available for service of process at all times on behalf of the company
- Mailing filings, tax reports, responses to court summons, and other notices as at when due
- Enforcing the company’s compliance with laws and regulations necessary for a hitch-free operation and its survival.
- Proper management of the firm’s necessary documents and paperwork
- Defending and protecting the privacy of employees or shareholders in the corporation or LLCs being represented.
- Administering the role of an accountable point of contact for the business entity.
LLC Registered Agent in Arizona
LLCs registered with the Arizona Corporation Commission are instructed to appoint a resident agent as it is one of the requirements for the creation of an LLC in the state. The functions of a registered agent and the procedures for selecting and maintaining a registered agent by an LLC are stated in ARS Section 29-3115. The contact information of the selected agent should be stipulated on the LLC’s formation papers, which comprise the Articles of Organization (for domestic LLCs) or Registration Statement (for foreign LLCs).
In Arizona, an LLC has the right to choose any individual or business entity to act as its registered agent provided they fit the qualifications listed by the law; however, an LLC, whether foreign or domestic, cannot function as its agent for the service of process. Moreover, an employee or shareholder of the LLC can be authorized to serve as the statutory agent of the company. The primary function of the registered agent of an LLC is availability to receive and manage the circulation of vital information.
Per the Arizona Statutes, a registered agent eligible to represent an LLC must:
- Be a state resident ( if it is an individual) or a firm authorized to transact business in Arizona.
- Be willing and accessible to acknowledge the service of the process. Arizona, unlike other states, doesn’t mandate its registered agents to be available during standard business hours for the delivery of process.
- Accept the appointment in writing or online via the eCorps system.
Do I Need a Registered Agent for My LLC in Arizona?
Yes. Business owners intending to start up LLCs in Arizona will need to appoint a registered or statutory agent, as it is one of the conditions for LLC formation in the state. As such, LLC formation filings that lack an assigned registered agent with valid contact information will be nullified by the ACC’s Office. Several perks come with hiring a registered agent service for an LLC. They include:
- Time-saving: Hiring or appointing a registered agent allows the business owner to focus on other important facets of the business while the statutory agent manages incoming mail and official notifications.
- Ensuring compliance: In addition to handling correspondence, the registered agent reminds the company of upcoming crucial filings or due dates for tax remittance or submission of required reports and other legal documents. The agent also makes sure the company complies with necessities put in place by the State of Arizona or the Federal government if need be
- Privacy and Protection of the Business’s Reputation: In the event of lawsuits or other legal issues involving the company, the registered agent, being the point of contact, receives the service of process. This ensures that private information about the business owner or shareholders is shielded from public access.
- Proper handling of legal issues: The registered agent is acquainted with accepting and appropriately handling legal paperwork, ensuring that the LLC is not ruled against in a lawsuit due to negligence and inability to file the necessary documents within the specified time frame.
- Comfort and flexibility: Statutory agents being readily available to manage correspondence on behalf of the LLC allows the business owner to maintain a flexible working schedule without being unavailable during business hours.
Registered Agent of a Corporation
Registered agents assigned to corporations in Arizona operate as other registered agents appointed by different business entities in the state. Their primary assignment is to serve as the contact point for managing legal and official paperwork for a Corporation. The prerequisites needed to help domestic and foreign corporations retain a registered agent are summed up in Section 29-3115 of the Arizona Revised Statutes.
Corporations transacting business in the state are instructed to designate a registered agent when filing formation documents such as the Articles of Incorporation ( for domestic corporations) and Application for Authority to Transact Business or Conduct Affairs (for foreign corporations).
Both documents are expected to contain valid contact information of the corporation’s selected statutory agent to be considered for filing by the ACC. Similar to LLCs, a corporation is free to select any suitable adult citizen resident in the state or an authorized company as its registered agent. The credentials listed by state laws for checking eligibility when appointing a registered agent for a corporation are the same as those for LLCs.
Who Can Be a Registered Agent in Arizona?
The Arizona Nonprofit Corporation Act Section 10-3501 lists the requirements for statutory agents for a corporation, limited liability company, or registered foreign limited liability company. The eligibility criteria include:
- An adult citizen resident in the state.
- An individual willing and available to obtain in-person delivery of mail and notification documents on behalf of another company
- An individual or business entity with a physical office or street address situated in Arizona. The ACC does not accept virtual addresses and mailboxes during the filing
- Another domestic or foreign business entity certified to do business in the state
It is important to note that a corporation or LLC cannot appoint itself as the Statutory Agent by law. The agent must be a separate entity from the business. However, the LLC or corporation can delegate an employee, member, or shareholder to function as a statutory agent.
Legal Requirements of a Registered Agent in Arizona
If a Statutory Agent is an individual, the legal requirements are that such a person must:
- Be 18 years of age and above
- Maintain and file valid contact information with the ACC at all times
- Accept the appointment in writing by signing the Statutory Agent Acceptance form and submitting physically or online
- Resign as stated in section 29-3117 of the Arizona statutes.
The legal requirements for businesses willing to function as registered agents entail that the company is:
- A domestic company or nonprofit corporation constituted by Title 10 of the ARS
- A foreign business or nonprofit corporation with authorization to conduct business in the state
- A limited liability company formed as stated in title 29 of the ARS and authorized to transact business in this state.
How to Choose a Registered Agent in Arizona
Business owners in Arizona have a wide range of choices from which they can select a registered agent for their companies. They can use themselves, an employee, family members, friends, another business, or commercial registered agent services.
The process of appointing a registered agent for any business entity should be dealt with meticulously as it is one of the essential decision-making processes capable of ruining an enterprise if done haphazardly. Owners of businesses or persons entrusted with selecting statutory agents for their companies should contemplate using skilled commercial registered agents or experienced individuals to secure proper representation and evade problems associated with a passive registered agent.
Some characteristics a business owner or individual intending to choose a registered agent should take into review comprise:
- The proposed agent’s success rate and track record in delivering similar services to other businesses.
- Reviews and testimonials from beneficiaries of the registered agent
- The registered agent’s responsiveness and availability to accept the service of process
- Efficiency and pace in disseminating essential documents and memos to the company, plus proper management of legal paperwork
- Extra perks and bonuses provided by the agent, such as online document management service, same-day services, or telephone services
- The cost of employing the statutory agent.
How Much Does a Registered Agent Service Cost in Arizona?
The overall cost of hiring a commercial registered agent service in Arizona is between $50 and $300 annually. The amount differs based on the various statutory agent service providers operating in the state and on other auxiliary services that the hiring company will demand.
A business owner inclined to cut costs can nominate an employee, relative, partner, spouse, child, friend, shareholder, manager, or himself as registered agents to receive service of process on behalf of the business at little or no cost. Nonetheless, it is advisable to engage the services of a professional registered agent service to guarantee appropriate management of official and legal correspondence.
Can I be My Own Registered Agent in Arizona?
Yes. In Arizona, a registered agent can be any person, and there is no condition for the agent to be available during regular business hours. This provision allows a business owner to serve as the LLC or nonprofit’s statutory agent, provided he satisfies the eligibility criteria listed by state laws.
An individual opting to act as his organization’s registered agent must comprehend the significance of filling this position and its impact on the business. Missing a filing deadline or losing a document due to negligence can put the business entity’s compliance status at risk and cause it to lose good standing with the Corporation Commission. Failure to respond to court summons at stipulated deadlines can attract a default judgment from the court, affecting the business negatively. Furthermore, the commission can administratively dissolve the business and cease to exist.
Considering the risks attached to serving as their registered agents, most nonprofits and other business organizations prefer to employ commercial registered agent services to ensure their organization’s compliance at all times.
How to Change a Registered Agent in Arizona
Arizona laws allow a corporation or LLC to update its appointed statutory agent information by furnishing the commission with a statement of change form. The updated document must contain the following:
- The name of the corporation or LLC
- Name and contact information of the newly appointed statutory agent
- The new agent’s written approval of the designation.
To select a new statutory agent, a Corporation or LLC is expected to submit a Statement of Change form for LLCs or Corporation Statement of Change of Known Place of Business Address, Principal Office Address, or Statutory Agent form for corporations either via the ACC’s online eCorp system or paper.
To submit online, the business owner can log into the eCorp dashboard, locate the link for Online Services, and click the Change Addresses or Statutory Agent option. Whereas paper filings are to be done by completing the proper form depending on whether the business is an LLC or Corporation and submitting it alongside a Statutory Agent Acceptance form notwithstanding it is an LLC or Corporation.
The Arizona Statutory Agent change filing fee is $5 for LLCs, and $10 for Partnerships, while Corporations do not have any fee attached to filing an agent change form. The change(s) summarized in the statement of change is effective from the date of delivery to the commission for filing.
A statutory agent who resigns must file a Statement of Resignation with the ACC via paper or online. Online filings are to be done using the ACC’s eCorp system. The agent will need to find the Online Services link, click Change Addresses or Statutory Agent, and then fill out the form. Alternatively, the agent can file via paper by submitting a Statement of Resignation form for LLCs or Statutory Agent Resignation for corporations to the ACC physically or by mail. The commission opens from 8 a.m to 5 p.m, Mondays to Fridays, except on state-observed holidays
A statutory agent that changes street address is mandated to give written notification of the change with a signature attached to the firm it represents either manually or by fax. The agent must also deliver a statement that complies with the provisions of subsection A of the 29-3117 section in the Arizona statutes indicating that the corporation or LLC being represented has been duly informed of the change to the commission for filing.
Individuals willing to contact the ACC to submit paper filings or make further inquiries can do so using the information below:
Arizona Corporation Commission
1200 W. Washington Street
Phoenix, AZ 85007
Phone: (602) 542-3026
Fax: (602) 542-4100
Or
Tucson Office (Walk-ins only)
400 W. Congress Street
Tucson, AZ 85701
What Happens If You Don’t Have a Registered Agent in Arizona?
In Arizona, all corporations and limited liability companies are required to always assign and retain a Statutory Agent. A registered agent is one of the prerequisites for business formation in the state. The inability of a business to maintain an active Statutory Agent can result in diverse repercussions for the company. Some of the effects of not having a registered agent include:
- Forfeiture of liability protection rights for the business owner and shareholders culminating in the loss of investments and financial stakes
- Complications with acquiring monetary aid from appropriate agencies
- Ineligibility for business alliances with other companies due to loss of reputation and credibility
- Default rulings from a courthouse because of late responses to a court subpoena
- Liabilities affixed to delay in submitting tax reports
- Revocation of the business entity’s licenses, authorization, and liberties
- Loss of the business’ good standing with the ACC
- Administrative dissolution can be enforced by the ACC per Arizona laws.
How to Become a Registered Agent in Arizona
To become a registered agent in Arizona, an interested individual or firm must fulfill the requirements shortlisted in Section 29-3115 of the Arizona revised statutes:
- The individual must be a resident of the state and be 18 years or above
- The person must be ready and competent in the retrieval of mail and notices
- The individual considering being an agent must have experience and regularly offer statutory agent services
- The domestic or foreign company must have the authorization to conduct business within the state
- The individual must record a physical address for mail delivery.
Arizona Registered Agent Search
The Arizona Secretary of State or Corporation Commission maintains the record of all businesses operating within or registered in the state. To conduct a registered agent search, interested individuals can use the Arizona eCorps system or lookup the Secretary of State’s Business Entity Search portal for free. A search using the business name or address as search parameters will supply the name and address of the registered agent, as well the status of the agent, i.e., if resigned or active.
Additionally, in-person or mail requests can also be submitted to the Arizona SOS or ACC at the addresses below:
Arizona Corporation Commission
1200 W. Washington Street
Phoenix, AZ 85007
Phone: (602) 542-3026
Fax: (602) 542-4100
Or
Office of the Secretary of State
1700 W Washington Street, Floor 7
Phoenix AZ 85007-2808
Phone: (602) 542-4285
Is Registered Agent Information Public Record in Arizona?
Yes. Information regarding registered agents in Arizona is considered a public record. Businesses willing to register with the state are instructed to provide, alongside the formation documents, the full name, physical address, and other contact information of their assigned registered agent during the filing process. Since the required formation documents are termed public records, the registered agent information becomes obtainable and available to interested members of the public for review and retrieval.
Consequently, business owners contemplating nominating themselves or close relatives as their company’s registered agent should note that the registered agent address supplied to the ACC will be treated as a public record and can be accessed by any interested individual on request. Hence, to protect their privacy and ensure personal addresses and information do not become part of public records, business owners may consider engaging the services of a commercial registered agent.