A Statutory Agent in Arizona provides various services, such as accepting formal documents, correspondence and communications from the AZ Corporation Commission.
Your corporation must have Arizona Statutory Agent services at all times. You appoint one when you first start your business. You can also replace your existing Statutory Agent after formation, provided there is no period during which your business is without an agent.
The address for your Statutory Agent in Arizona doesn't need to be the same as your business address. In fact, you can use an Arizona virtual mailbox for your business address.
Important: A virtual mailbox is not a replacement for a Statutory Agent. They perform two separate functions and per AZ corporation law, you are required to have a Statutory Agent.
What Arizona Statutory Agents Do
A Statutory Agent’s primary function is to accept official correspondence and documentation, including but not limited to:
- State and federal government correspondence and notices
- Service of process notices (e.g., if your corporation is sued or required to appear in court)
- Correspondence from the AZ Corporation Commission
- Tax forms and requests to complete permits, company filings and reports
Having a Statutory Agent also allows you to prove to the state that your business exists.
Incfile Provides Free Arizona Statutory Agent Services for the First Year
Incfile provides complete Arizona Statutory Agent services for any corporation formed within the state. Even better, if you form your corporation through Incfile, your Statutory Agent is completely free for the first year and only $119 a year after that.
Incfile is authorized to conduct business in Arizona and able to legally act as your Statutory Agent. Here’s what our Arizona Statutory Agent services include:
Appointing a Statutory Agent for Your Corporation
When you're forming an Arizona State corporation, you must appoint a Statutory Agent at that time. You can change the agent at any time after that. Here’s how.
Assign a Statutory Agent When You Form Your Corporation
Your business needs to have a Statutory Agent as soon as it’s formed. You can do this two ways:
When you create your business, you must include your Statutory Agent's information in your Articles of Incorporation, and your Statutory Agent must formally accept the position.
If you form your business through us, you’ll get our Statutory Agent service free for one year. We’ll use the information you provide to complete and file your Articles of Incorporation for you.
Assign a New Statutory Agent After Incorporation
You can also assign someone else as your Statutory Agent in Arizona after you’ve incorporated. There are a couple of ways to do this.
Once you’ve chosen a new Statutory Agent, you can file a Statement of Change via the Arizona Corporation Commission's online portal. This service is free.
When you use our Statutory Agent service, we take care of all the form filling and filing for you. We’ll collect the applicable information about your business, complete the form and send it to the AZ Corporation Commission on your behalf. We’ll notify you when we officially become your Statutory Agent.
AZ Statutory Agent Search
In some situations, you may need to know the name of the Statutory Agent that represents other AZ corporations. You'll find this information in the state's business database.
If you can’t find the Statutory Agent information there, you can request it from the Arizona Corporation Commission.
What Happens If You Don’t Have a Statutory Agent?
If you don’t assign or provide a Statutory Agent's details to the Arizona Corporation Commission, you may be subject to certain ramifications, including but not limited to:
- Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your corporation is sued and you don’t respond.
- Losing your status as a corporation in the state. A Statutory Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your corporation may be dissolved.
- Falling out of good standing with the ACC. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
Acting as Your Own Statutory Agent
You can be the Statutory Agent for your Arizona corporation if you have a business office in the state. There can be some drawbacks to this approach:
- Someone must always be available during business hours at the Arizona address to sign for important documents.
- The Statutory Agent must have a physical street address in Arizona. If you’re forming a corporation outside the state, you’ll need to use an in-state Statutory Agent.
- The Statutory Agent’s name and address are part of the public record and available through the AZ Corporation Commission's website. If you prefer to keep your personal information private, you should use a Statutory Agent service.
- If you change your business address or move out of state, you need to file additional documentation with the Corporation Commission for the new address. This won't be necessary if you use a Statutory Agent service, making a move or address change much simpler.
Other Useful Resources
FAQs About Arizona Statutory Agents
Yes. All business entities are required to have a service of process agent (Statutory Agent). This is mandated by the Arizona ACC. You'll find more information above.
You must assign a Statutory Agent when you form your business with the Arizona Corporation Commission. You can change your agent afterward by filing the correct form. If you form your business through Incfile, we’ll file all the necessary forms on your behalf. You'll find more information above.
Yes, but we don’t recommend it for the reasons listed above.
Yes. And if you use a company as your Statutory Agent, that company must be legally able to conduct business in the state. You'll find more information above.