Arizona Registered Agent: Who Can It Be In 2023? (2023)

If you form oneLimited liability companyorgroupIn the state of Arizona, you must designate a registered agent.

A registered agent is the individual or entity that receives legal documents from the state and then forwards them to your business address. But why is this a requirement, and who should you designate as your Arizona Registered Agent?

In this guide, we will break down all the details you need to know about Arizona registered agents.

What is an Arizona Registered Agent?

One of the most common questions we get from Arizona entrepreneurs is why a registered agent is required to form an LLC or corporation. While it may seem like an unnecessary middleman role, the registered agent fulfills an important role.

The job of the registered agent is to provide the state with a reliable way of contacting an official representative of your company at any time, which is especially important if your company is ever sued. If you don't have a registered agent, a lawsuit could go to court without your knowledge, which is obviously far from ideal.

While Arizona doesn't provide a recommended list of registered agent services, we've reviewed the top options and compiled a list of those that dobest arizona registered agent servicesby price and total value.

Who Can Be an Arizona Registered Agent?

The Arizona Corporation Commission has jurisdiction to dictate and regulate the incorporation and operation of LLCs and corporations in the state. According to their requirements, legal representatives can be either a corporation or LLC authorized to conduct business in the state, or an adult resident of Arizona. In all cases, legal representatives must have a physical address in Arizona; Mailbox boxes are not enough.

Foreign LLCs and corporations can serve as registered agents as long as they are licensed to conduct business in the state and have a physical address in Arizona. In most cases, adult residents of the State of Arizona can act as their own legal representative.

In addition to the legal requirements, an important aspect to discuss is whoshouldBe your registered agent. You have the right to declare yourself as your own registered agent, which has its advantages and disadvantages.

On the plus side, you can save some money by not paying someone to act as your agent, but you'll also likely need to make your home address public, which isn't ideal. In addition, you must be physically present at your establishment during all normal business hours (9-5, M-F).

Some entrepreneurs are happy to have a friend or family member act as a registered agent, but if that person does not have experience in the position, they may not know what is expected of them. Additionally, naming your solicitor or accountant as a registered agent can work, but these options are usually quite expensive.

We prefer hiring oneprofessional registered agent service, which offers a combination of comfort, affordability and peace of mind unmatched by any of these other options.

How are Arizona residents served?

The most important part of a registered agent's role is serving a subpoena.

Before any legal action is taken, plaintiffs in Arizona are instructed to first write and mail a collection letter. A warning letter aims to notify a person or company of a law they have broken and any consequential damages they have suffered as a result. It serves as a way for companies to settle out of court. If no agreement can be reached, legal proceedings can be initiated.

In order for a subpoena to be processed in Arizona, the plaintiff must first write a complaint and file it with the clerk. The plaintiff must complete an appropriate complaint form for the court in which the case is filed. Each dish has its own formatting requirements. In some cases, a civil cover sheet may be required to file the complaint.

Next, the plaintiff must fill out a subpoena. In some states, the subpoena is processed and served by the state, but in Arizona the subpoena is served by the plaintiff. After completing the subpoena form, the clerk will instruct the plaintiff on how to serve on the defendant.

Finally, copies of all required documents are made before they are submitted to the secretariat for filing. Registration fees vary by court. In most cases, the fee is about $52 for small claims court and $300 for federal court. If financial hardship can be demonstrated, the plaintiff may be entitled to a fee waiver or deferral.

After these steps have been taken and the clerk has filed the complaint, the plaintiff may serve the subpoena on the defendant's legal representative.

How to Appoint an Arizona Registered Agent

The answer to this question depends on what type of business you are incorporating, but with either a corporation or an LLC, you must designate your registered agent when you incorporate your business.

All the documents needed to incorporate your corporation and designate your legal representative can be found on the Arizona Corporation of Commission website atthis link. The requirements and documents required to appoint a legal representative for an LLC differ from those required to appoint a legal representative for a corporation. Be sure to select the correct forms from the drop-down menus titled "Corporation Forms" or "Limited Liability Company Forms" when completing the documents.

The legal representative for an LLC can be determined by completing Box #4 of the Articles of Incorporation Form, which can be foundHere. Once completed, this form must be mailed along with all other designated forms and a regular $50 processing fee.

In order to appoint a legal representative for a company, you must indicate the name and address of the representative in box number 4 of the Articles of Incorporation, which is available as a PDF file atthis link. Please note that this form is specifically designed for for-profit organizations only; Non-profit organizations must apply for a separate, specified form. Once completed, the document must be mailed along with any other required forms and a $60 filing fee.

In order for the appointment of a legal representative to be accepted, both the LLC Formation Form and the Corporation Formation Form must be accompanied by aAuthorization Form for Legal Representatives. This constitutes the formal acceptance of the legal representative's role and must include his/her signature.

Once completed, all required forms (along with the appropriate filing fees) must be submitted to the Arizona Corporation Commission.

How do I change my Arizona registered agent?

If you likeChange your registered agentFor some reason the process is pretty simple.

In order to change the address of your existing agent or to designate an entity as your new registered agent, you must first complete one of the two Declaration of Change forms available on the Arizona Corporation Commission's website.

Depending on whether your business is registered as an LLC or as a corporation, you will need to fill out either the LLC Statement of Change form foundHereor found the Corporate Statement of Change formHere.

Next, you need to have your new legal representative fill this outAuthorization Form for Legal Representatives. This document is suitable for both LLCs and corporations.

Finally, as with all documents filed with the Arizona Corporation Commission, you must fill out a formcover sheetto accompany your documents. These three forms (Notice of Amendment, Legal Representative Registration Form, and Cover Page) may be submitted to the Arizona Corporation Commission by mail, facsimile, or in person.

Arizona LLCs must charge a standard $5 processing fee to change their legal representative, while corporations can change their legal representative for free. Standard processing generally takes about 20 business days, but expedited filing is available for an additional fee of $35.

How does an Arizona registered agent resign?

Sometimes a registered agent needs to do thisresign from office.

Whether the entity is an LLC or a corporation, the current registered agent must complete a legal representative resignation form in order to resign.

The forms for the resignation of legal representatives of corporations and GmbHs can be found on the "Forms" page ofWebsite der Arizona Corporation Commission. Current legal representatives of LLCs must completethis formspecified for LLCs to resign while those of corporations must fill out the found entity specific formHere.

There is no filing fee to resign as a legal representative of an LLC. However, to withdraw from acting as a legal representative of a corporation, you must pay a regular processing fee of $10.

As with all documents that may be filed with the Arizona Corporation Commission, the statutory agent's resignation form must include acover sheet. After you have completed the Statutory Agent Resignation and Cover Form, you may mail it to the Arizona Corporation Commission at the following address:

Commission of the Arizona Corporation
Company Registrations section
1300 West Washington St.
Phoenix, Arizona 85007

Why should you hire a professional Arizona registered agent service?

Hiring a professional registered agent is basically the best of both worlds between working as your own agent and hiring a lawyer or accountant.

privacy

The biggest benefit, in our opinion, is the privacy it allows, as you can keep your personal address private. There is also a major benefit over having a lawyer or accountant as your agent, and that is the fact that the services of a registered agent are almost always a lot cheaper.

professional service

Another reason we like this option is that these companies specialize in providing a quality registered agent service. They know exactly what is expected of them and there are rarely any significant problems.

nationwide

The other major benefit of hiring a registered agent service is that most of them operate in all 50 states. So if you ever want to expand your business to another state, you don't need to hire an additional registered agent. The same registered agent can provide you with the coverage you need in your new state while providing the same service in Arizona. If you have hired an attorney or accountant, the only way they can help you expand into a new state is if they have another physical office in that state.

You stay compliant

Finally, most professional registered agents operating in Arizona offer some form of compliance calendar. With this service, your registered agent will help you keep track of due dates for ongoing LLC maintenance requirements such as annual reports, which is a valuable bonus.

The best registered agent service providers offer a few other attractive features, including access to their extensive customer support networks. Some of them include a full year of registered agent service with each company formation package, which can be a real money saver. Another welcome feature is that some registered agent services offer volume discounts if you need services in multiple states or are paying for multiple years in advance.

What is the penalty for not naming a registered agent in Arizona?

You must first have a registered agent to incorporate your Arizona limited company or corporation, but allowing your service as a registered agent to lapse could have serious consequences.

Failure to maintain a registered agent can result in your company losing its good standing with the state of Arizona, and the state also has the right to officially dissolve your LLC if it so chooses.

Another problem would be the difficulty of getting service if your company is sued. If the state cannot reach your registered agent, a court may decide to proceed with the lawsuit without your knowledge, which could even result in a judgment against you. Not only can this happen if you do not designate a registered agent, but also if your agent is not present during business hours to accept delivery of documents.

Diploma

As you can see, the task is to appoint a registered agent for youArizona Businessis not quite as easy as just writing down your own name.

In our opinion, there are significant downsides to almost every option, but we recommend hiring a professional registered agent service as this option has the fewest downsides. They charge affordable prices and you never have to worry about your reputation being damaged, your LLC or company being dissolved, or a lawsuit being filed in your absence.

If you have additional questions, you can contact the Arizona Department of State:

Tucson office
Commission of the Arizona Corporation
400 W. Kongress, 2. Stock
Tucson, AZ 85701
No mail received - just go inside

Phoenix office
Commission of the Arizona Corporation
1300 West Washington St.
Phoenix, AZ 85007

Alternatively, you can email the Corporate Filings area of ​​the Corporations Division directlyfilings.corp@azcc.gov