Arizona Statutory Agents & Your LLC
The Arizona Corporation Commission requires every AZ LLC to have a Statutory Agent, or as it’s referred to in other states, a Registered Agent. We’ll use those names interchangeably in this guide, since their functions and requirements are identical.
Once you have assigned an Arizona Statutory Agent, they can receive official correspondence and documents on behalf of your AZ business. Statutory Agents can be individuals or other specialized Statutory/Registered Agent service organizations.
Your LLC must have an Arizona Statutory Agent at all times. You can appoint a one when you first start your business, and you can also replace your existing AZ Statutory Agent at a later date, provided there is a smooth transition between the old and new Statutory Agent service.
Arizona LLC Statutory Agent Service Rules
There are certain rules that you must follow when you’re appointing an Arizona Statutory Agent service for your business. They are:
- If the Statutory Agent is a person, they must reside in Arizona
- If the Statutory Agent is a business, they must be able to conduct business in Arizona
- The Statutory Agent must have a physical street address in Arizona, not a P.O. Box
- The AZ Statutory Agent must be available in person during normal business hours to sign for any correspondence
Note that the AZ Statutory Agent address does not need to be the same as your Arizona LLC business address.
The Purpose of an Arizona Statutory Agent
Your Arizona Statutory/Registered Agent carries out several valuable services for your business. They accept official communications and documents from the AZ Corporation Commission on your behalf. This may include:
- Correspondence from the Arizona Corporation Commission, like a notice to file reports and other forms
- Service of process documents (for example, if your Arizona LLC has legal proceedings issued against it)
- Official Arizona and federal government documents, form filings and requests for information (including taxes, permits and company filings)
A Complete Arizona Registered Agent Service from Incfile
Incfile provides a complete Arizona Registered Agent service for any LLC that’s incorporated in AZ. Even better, if you choose to incorporate your Arizona business through Incfile, your Statutory/Registered Agent is completely free for the first year and only $119 a year after that.
Incfile is authorized to conduct business in Arizona and can legally act as your Registered Agent. Here’s what the Incfile Arizona Registered Agent service provides for your AZ LLC:
- An always-available Arizona Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf
- A digital dashboard where you can access, store and retrieve any information we’ve received for your Arizona business
- Email notification whenever we receive documents for your Arizona business
- Automatic forwarding of all legal correspondence, documentation and information directly to you
How to Appoint an Arizona Statutory Agent for Your LLC
You can appoint a Statutory/Registered Agent when you first incorporate your Arizona LLC or at any point after that. Here’s how to go about it.
Appoint an AZ Statutory Agent Service When You Create Your Arizona LLC
Your business needs to have an Arizona Statutory Agent Service as soon as it’s formed. You can achieve this through one of the following methods.
You will need to include details of your Statutory Agent in your Articles of Organization. This is the form that you file with the AZ Corporation Commission to formally create your business.
When you incorporate through us, we complete and file your Articles of Organization based on the information you’ve provided. Additionally, we give you a free Arizona Registered Agent service for the first year, and we’ll include details of your AZ Registered Agent in the form that we file.
Change Your Arizona Registered Agent After Your LLC Is Formed
You can also change your AZ Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.
Once you’ve chosen a new Arizona Statutory Agent, you can complete form M002 - Statutory Agent Acceptance that’s available on the AZ Corporation Commission website. Once you’ve filled it out, send it to the Corporation Commission so they can update your records.
When you choose to use our AZ Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete form M002 on your behalf and send it to the Arizona Corporation Commission. We’ll let you know once we officially become your Statutory Agent.
Arizona Statutory Agent Search
In some situations, you might want to know the name of the Registered Agent that represents another Arizona LLC. If you do, you can search the business database of the Arizona Corporation Commission, which will often provide details of a specific business’ Registered Agent.
If the AZ Statutory Agent isn’t available from the searchable business registry, contact the Arizona Corporation Commission requesting the information.
Possible Outcomes of Not Assigning a Statutory Agent for Your Arizona LLC
What happens if you choose not to assign or provide details of a Statutory/Registered Agent to the Arizona Corporation Commission? There are several possible ramifications, including:
- Getting served or sued and not finding out about it: If your LLC is sued and you don’t know about it, you could lose to a default judgment in your absence.
- Falling out of good standing with the Arizona Corporation Commission: If you don’t respond to certain correspondence (like the request for your annual report), certain states may revoke your right to do business.
- Losing your status as an Arizona LLC: An AZ Statutory Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections, and your Arizona LLC may be dissolved.
Acting as Your Own Statutory Agent for Your AZ LLC
If you have an address in Arizona, you can choose to be the Statutory Agent for your LLC. We don’t recommend this approach as there can be some drawbacks:
- The AZ Statutory Agent must have a physical street address in Arizona. If you’re forming an LLC outside AZ, you will need to use an in-state Statutory Agent.
- You always need to have someone on hand during business hours at the Arizona address to sign for important documents.
- The AZ Statutory Agent’s name and address are part of the public record and available through the Arizona Corporation Commission's website. If you would prefer your name and address aren’t published, you might choose to use a Statutory/Registered Agent service instead.
- If you change your Arizona business address or move out of state, you would need to file additional documentation with the AZ Corporation Commission for the new address if you act as your own Statutory Agent. This would not be the case if you use a Statutory/Registered Agent service, making a move or address change much simpler.
FAQs About Arizona Statutory Agents
Yes. All AZ LLCs are required to have a Statutory Agent. This is mandated by the Arizona Corporation Commission.
You can either do it when you incorporate your Arizona business through paperwork filed with the AZ Corporation Commission or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.
Yes, but we don’t recommend it for the reasons listed above. If you still want to be your own Statutory/Registered Agent, you just need to fill in the correct forms and pay a fee to the Arizona Corporation Commission.
Yes. Additionally, if they are a business providing Statutory Agent services, they must be legally able to conduct business in your state.
Useful Resources for Arizona Statutory/ Registered Agent Services
You might find these resources helpful:
