Arizona Statutory Agent

Arizona law requires legal entities formed under Arizona law or qualified to do business in Arizona, e.g. corporations or limited liability companies (llc), to maintain a statutory agent, referred to as a registered agent or resident agent in some jurisdictions, who is authorized to receive service of process, i.e. notice, on behalf of an entity.

Some Requirements

For a corporation, Arizona law provides that "[a] statutory agent who may be either: (a) An individual who resides in this state. (b) A domestic corporation formed under this title. (c) A foreign corporation authorized to transact business in this state. (d) A limited liability company formed under title 29. (e) A limited liability company authorized to transact business in this state." A.R.S. § 10-501. This means a statutory agent for a corporation cannot be a PO Box.

For an LLC, Arizona law requires that an LLC appoint "[a] statutory agent for service of process on the limited liability company that is either an individual resident of this state, a domestic corporation, a limited liability company or a foreign corporation or limited liability company authorized to transact business in this state." A.R.S. § 29-604(A)(2). This also means a statutory agent for an LLC cannot be a PO Box.

Outside of the aforementioned requirements, there are no licensing requirements to be a statutory agent. As such, the owners of many entities choose to be appointed as statutory agents themselves.

No Statutory Agent? Grounds for Administrative Dissolution.

An Arizona corporation can be administratively dissolved if either it is "without a statutory agent or known place of business in this state for sixty days or more" or it "does not notify the commission within sixty days that its statutory agent or known place of business has been changed, that its statutory agent has resigned or that its principal office has been discontinued." A.R.S. § 10-1420(3) and (4).

An Arizona LLC can be administratively disolved if it either is "without a statutory agent or known place of business in this state for at least sixty days" or "[d]oes not notify the commission within sixty days after its statutory agent or known place of business has changed or within sixty days after its statutory agent has resigned." A.R.S. § 29-786(A)(3) and (A)(4).

This brief overview of some important considerations associated with statutory agents in Arizona is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.

Updated on