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If you’re a new business owner in Arizona or are planning to start your company, you’ve likely heard about electing a registered agent. However, this might sound easier said than done.
First, you need to know what a registered agent is and what service they provide. Second, you should know the correct steps to elect a registered agent. Read on to find out the necessary details about this topic and how to employ this essential business service.
A registered agent handles business correspondence for LLCs, corporations, and other businesses.
Arizona registered agents may be individuals or organizations with a physical address in Arizona.
Setting up or changing a registered agent in Arizona requires the business, and potentially the agent, to fill out forms with the Secretary of State.
Protect your privacy, avoid compliance issues, and choose a service trusted by over 300,000 businesses.
A registered agent, also known as a statutory agent, is an individual or business entity that receives business-related correspondence on behalf of a limited liability company (LLC) or other entity. The mail may include service of process notices, compliance documentation, government correspondence, and other legal documents.
Employing a registered agent allows large and small business owners to remain in good standing with the state government. Registered agents are appointed based on the state, so an Arizona LLC will need to elect an Arizona registered agent and a separate agent for every other state in which they have offices.
Besides receiving legal documents for corporate filings, every registered agent has specific responsibilities:
Maintaining a physical business address on the public record
Following regular business hours
Receiving and forwarding service of process documentation
Sorting and organizing received documents
Keeping business documentation up to date with state legislation
Before you choose a registered agent for your Arizona business, you’ll need to learn about several key aspects of the role. From requirements to the benefits of hiring a third-party service, let’s dive into how to determine the best options.
Arizona’s requirements for a limited liability company (LLC) registered agent are relatively straightforward. According to the Arizona Corporation Commission (ACC), an Arizona registered agent must have a registered office address in the state. Only valid physical addresses are viable; P.O. boxes are not.
An out-of-state or foreign corporation may also serve as a registered agent but must maintain an Arizona address. If the foreign LLC meets this condition, it will have no issues performing this function.
Yes, an Arizona business owner or member can designate themselves as their own registered agent during LLC formation, but it may not be a good idea.
The advantages of being your company’s registered agent include the following:
Keeping a close track of incoming documentation
Being the first point of contact
Saving money that would go into agent costs
Learning more about Arizona’s legal system to save on future training
Having all files in one space
However, despite these small advantages, most business owners find the role of an Arizona registered agent to come with more downsides than it’s worth:
Even if your company doesn’t traditionally work during regular hours or works remotely, you will need to be at your registered office address from 9 am to 5 pm, Monday through Friday. This schedule ensures you are always available to receive important documents in person, but it can limit you from traveling, networking, or promoting a flexible schedule.
Your registered office address becomes part of the public record. If your company is based out of your home, your home address becomes available to anyone who wants to look it up.
The responsibilities of a registered agent can be overbearing. While a small amount of documentation can usually be handled in less than an hour, growing a company might mean it starts taking up too much time and effort. The additional work might prevent you from focusing on more critical aspects of your business.
Your registered office address is where government officials contact you. If your company gets sued, the service of process is delivered to this address. This means you can be served in front of employees or clients, and your reputation might take a hit.
Considering the drawbacks of using an in-house registered agent or being one yourself, you might consider choosing a professional company for an Arizona registered agent service.
With a third-party registered agent, you’ll gain the following benefits:
Maintain a publicly registered physical address different from your business address
Move locations seamlessly without the mandatory and potentially costly address changes
Access same-day mail forwarding
Prioritize important documents and potential deadlines
Gain complete discretion and avoid unpleasant situations when receiving legal notices
Keep irregular business hours and flexible schedules
Avoid junk mail and other marketing materials
Make your business eligible for a certificate of good standing
Receive reminders to ensure you don’t miss your annual report and other compliance deadlines
Setting up an Arizona registered agent for a new business requires you to follow proper procedure. The same goes for changing your registered agent. Let’s outline the methods for both scenarios in Arizona.
The documentation for electing an Arizona registered agent will differ depending on whether your business is an LLC or a corporation. We’ll handle all the paperwork on your behalf and fulfill your registered agent requirement in a straightforward order. Alternatively, you can find all the relevant business documents and forms on the official site of the Arizona Corporation Commission.
An LLC business owner must designate the registered agent in their Articles of Organization. Field 4 of the form will contain the registered agent’s name and address. The same agent information should also be filled out in the Statutory Agent Acceptance form.
For-profit corporations will use the For-Profit Articles of Incorporation form, and nonprofit corporations will use the Nonprofit Articles of Incorporation form.[6, 7] Corporations will also need the same Statutory Agent Acceptance form as LLCs.
Regardless of company type, all forms need to be submitted along with a Cover Sheet.
Similar to the process for electing an Arizona registered agent, you’ll need a Cover Sheet and the following two forms to change your agent:
LLCs must file the Statement of Change with a $5 standard fee. There are no filing fees for corporations.
The Statutory Agent Acceptance form contains only three fields:
Statutory agent’s name
The new agent must fill out this form and check the box next to one of two options: whether they’re signing as an individual agent or on behalf of an entity.
It’s important to note that agents and companies are on public record with the A.C.C. rather than the Arizona Secretary of State. If you choose to send the documents via mail, use the Arizona Corporation Commission’s address:
1300 W. Washington St.,
Phoenix, Arizona 85007
Avoid Penalties: Every business is legally required to have a registered agent in any state where it operates.
Prioritize Your Privacy: We go on record with the government so you don’t have to, meaning any legal actions come to us, not your home or office.
Stay Flexible: We are always available at a physical address during business hours, so you’ll never miss an official notice.
Registered agents in Arizona can be adult individuals who are state residents. A state-authorized LLC or corporation can also be a registered agent, and the same goes for foreign entities. In all cases, the registered agent needs an Arizona physical address.
The price of a registered agent service in Arizona may vary. The lowest prices start at about $50 and may go up to $300 per year. At Swyft Filings, the cost starts at $149 yearly.
You must fill out and send the appropriate Statement of Change form for your business type to change your resident agent in Arizona. You will also need to submit a Statutory Agent Acceptance form and a Cover Sheet to the Arizona Corporations Commission.
You can look for a local Registered Agent in Arizona or search online for other options. The critical consideration is to find a professional service with a reliable work process that will guarantee the best results.
An Arizona registered office is the official address of the registered agent. It should be a physical address in Arizona, whether this is a legal entity or an individual.
Registered agent, statutory agent, and resident agent are three terms referring to the same entity. Several states will choose to use different terms to emphasize their criteria. For example, statutory agents are state-mandated, and resident agents must be state residents.
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
Arizona State Legislature. “19-3115 Statutory Agent.” Accessed December 22, 2022.
Arizona Corporations Commission. “Ten Steps to Starting a Business in Arizona.” Accessed December 27, 2022.
Arizona Corporations Commission. “Corporations Forms.” Accessed December 27, 2022.
Arizona Corporations Commission. “Articles of Organization.” Accessed December 27, 2022.
Arizona Corporations Commission. “Statutory Agent Acceptance.” Accessed December 27, 2022.
Arizona Corporations Commission. “Articles of Incorporation: For-Profit or Professional Corporation.” Accessed December 27, 2022.
Arizona Corporations Commission. “Articles of Incorporation: Nonprofit Corporation.” Accessed December 27, 2022.
Arizona Corporations Commission. “Cover Sheet.” Accessed December 27, 2022.
Arizona Corporations Commission. “LLC Statement of Change of Principal Address or Statutory Agent.” Accessed December 27, 2022.
Arizona Corporations Commission. “Corporation Statement of Change of Known Place of Business Address, Principal Office Address, or Statutory Agent.” Accessed December 27, 2022.
Arizona Corporate Commission. “Statutory Agent Acceptance Instructions M002i.” Accessed December 22, 2022.
Arizona Secretary of State. “Other Services.” Accessed December 27, 2022.
No matter the business type, Swyft Filings can help you form your new company.