Need An Arizona Statutory Agent? Be Your Own
You Are Required To Have A Designated Statutory Agent For Your Business In This State. Did You Know It Can Be You?
If you plan on starting a business in Arizona, the state requires you to have a statutory agent (sometimes referred to as a registered agent and resident agent elsewhere); otherwise you will be unable to operate or even form your company. A registered agent is the person or business you choose to be the recipient of your official documents for your business, most important of these being service of process.
What is required of a statutory agent in Arizona?
The list of requirements for a statutory agent isn’t long, but it is necessary that the statutory agent have a physical street address in Arizona—they can’t receive mail for your business at a PO Box. The other primary requirement is that they hold regular business hours. This is necessary because if a process server comes knocking, they need to be able to find you. The state wants to know that there is a for sure, designated place where your business can be contacted.
What are the risks of being your own Arizona statutory agent?
Once you put your name on those documents, it’s public knowledge. If you are comfortable having your name and street address searchable to anyone, and are also comfortable with process servers knocking on your door, then being your own statutory agent shouldn’t be a problem. It is also paramount that you maintain regular business hours; process servers needto be able to find you during the day.
How do I become my own statutory agent?
There are two scenarios you will find yourself in if you wish to be your own statutory agent. You will already have a business and need to change your agent, or you will start a new Arizona business and appoint yourself right off the bat. Here’s how to handle these situations:
How to change my statutory agent if I already have one:
If you have already formed your Arizona corporation or Arizona LLC and wish to become your own statutory agent, the process is pretty straightforward. You will file a form, and your next step depends on whether you are an LLC or incorporated. There is a place for you to write your name and street address as the new statutory agent, but the forms must be filled out in full.
LLCs: You will need to file an LLC Statement of Change. This three-page document needs to be filed with the Arizona Corporation Commission-Corporate Filings Section, and there is a $5 fee and a link to detailed instructions included on the form. You can find the time it takes for Arizona to process your documents on their Corporations Commission website.
Corporations: You will file a similar form, the Corporation Statement of Change, which is also sent to the Arizona Corporation Commission-Corporate Filings Section. There is no fee for this form.
After you have completely filled out the proper form, mail it to:
Arizona Corporation Commission-Corporate Filings Section
1300 W. Washington St.
Phoenix, AZ 85007
How to initially become my statutory agent for my business:
If you are just starting your business, then you can become your own statutory agent right away. When you are filing your formation documents, there is a spot available for you to fill in your statutory agent’s information—simply put your name and street address in that space, and you’re then your business’ statutory agent.