Can Plaintiff Serve Registered Agent

If you're forming a limited liability visitor or corporation in the country of Arizona, you'll need to designate a registered agent.

A registered agent is the individual or business entity that receives legal documents from the state, and then frontward them to your business concern address. But why is this a requirement, and who should yous designate every bit your registered agent in Arizona?

In this guide, nosotros will pause down all the details yous demand to know most Arizona registered agents.

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What is an Arizona Registered Agent?

One of the most common questions we receive from entrepreneurs in Arizona is why a registered agent is required to form an LLC or corporation. While it might seem like an unnecessary middle-homo type of role, the registered amanuensis fills a vital part.

The registered agent'south job is to provide a reliable way for the country to contact an official representative of your business at whatever time, which is especially important if your business is e'er sued. If you didn't have a registered agent, a lawsuit could progress through the courts without you even knowing about it, which is plain far from ideal.

While Arizona does not provide a recommended list of registered amanuensis services, we reviewed the summit options and compiled a listing of the all-time Arizona registered agent services based on price and overall value.

Who Can Exist an Arizona Registered Agent?

Arizona'due south Corporation Commission is in accuse of dictating and regulating the registration and functioning of LLCs and corporations in the land. Co-ordinate to their requirements, statutory agents tin can be either a corporation or an LLC that is authorized to practice business in the state, or an adult individual who is a resident of Arizona. In all cases, statutory agents must have a physical address in Arizona; P.O. boxes do non suffice.

Foreign LLCs and corporations may serve as registered agents equally long equally they have authorization to practice business in the state and have a concrete accost inside Arizona. In almost cases, developed individuals who are residents of the state of Arizona may serve every bit their own statutory agent.

Bated from the legal requirements, an important aspect to discuss is who should be your registered agent. You have the right to declare yourself every bit your own registered agent, which has its pros and cons.

On the positive side, you can salvage some money by not paying anyone to serve equally your agent, but you lot'll also likely need to make your home address a matter of public record, which is non ideal. Additionally, y'all'll need to exist physically present at your business during all standard operating hours (9-v, 1000-F).

Some entrepreneurs like to take a friend or family unit member serve equally their registered amanuensis, but if that person doesn't have experience in this position, they might not know what is expected of them. In addition, designating your lawyer or accountant as a registered agent can work, but these options are normally quite expensive.

Our preference is to hire a professional registered agent service, which provides a combination of convenience, affordability, and peace of mind that is unrivaled by whatsoever of these other options.

How Do Arizona Residents Get Served?

The most of import part of a registered amanuensis's role is existence served a summons.

In Arizona, before any legal action is taken, plaintiffs are instructed to outset draft and send a demand alphabetic character. A need letter of the alphabet aims to inform a person or business organization of a police force they've violated and all consequential damages you've suffered as a result. It serves as an opportunity for entities to settle exterior of court. If no agreement can be reached, a legal case may move forrard.

In social club for a summons to exist processed in Arizona, the plaintiff first must draft a complaint and submit information technology to the clerk'due south office. The plaintiff must fill up out an appropriate complaint class for the court the case will be filed in. Each court has its ain formatting requirements. In some cases, a civil comprehend sail may be required to submit the complaint.

Next, the plaintiff must complete a summons. In some states, the summons is candy and delivered by the state, but in Arizona the summons is delivered by the plaintiff. Afterward completion of the summons course, the clerk volition instruct the plaintiff on how to serve the defendant.

Lastly, copies will be made of all necessary documents before they're presented to the clerk's office for filing. Filing fees vary depending on the court. In nigh cases, the fee is around $52 for a pocket-sized claims court and $300 in a federal court. If financial hardship tin can be proven, the plaintiff may be eligible for a fee waiver or deferral.

After these steps are taken and the clerk has filed the claim, the plaintiff may serve the summons to the defendant's statutory agent.

How to Designate an Arizona Registered Amanuensis

The answer to this question depends on what type of business you're starting, merely with either a corporation or an LLC, you'll need to designate your registered amanuensis when you grade your company.

All necessary documents to form your company and designate your statutory agent tin exist found on the Arizona Corporation of Commission'south website at this link. The requirements and documents necessary to designate a statutory amanuensis for an LLC differ from those needed to designate one for a corporation; exist sure to select the correct forms under the dropdowns titled either "Corporation Forms" or "Limited Liability Company Forms" when completing documents.

The statutory agent for an LLC tin be designated by completing field #four of the Articles of Organization class, which tin can constitute be found here. Afterward completion, this form must exist mailed accompanied by all other designated forms and a $l regular processing fee.

To designate a statutory agent for a corporation, you lot must list the proper noun and address of the agent in field #four of the Articles of Incorporation course which can exist institute every bit a PDF file at this link. Please note that this course is specifically for for-profit organizations only; not-profit organizations must seek a separate, specified form. Later completion, the document must exist mailed forth with all other necessary forms and a filing fee of $60.

In order for the designation of a statutory amanuensis to be accepted, both the Articles of Organisation form for LLCs and the Articles of Incorporation form for corporations must be accompanied by a Statutory Agent Acceptance Form. This constitutes the statutory agent's formal acceptance of the office and must include his/her signature.

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

How Can I Change My Arizona Registered Agent?

If you would similar to change your registered agent for any reason, the process is pretty simple.

To change your existing agent's address or declare an entity your new registered agent, you must first fill out 1 of the ii Statement of Alter forms found on the Arizona Corporation Committee's Website.

Depending on whether your visitor is registered as an LLC or a corporation, yous'll need to either fill out the LLC Statement of Change course found here or the Corporation Statement of Change form found here.

Side by side, you must take your new statutory agent complete the Statutory Amanuensis Acceptance Form. This document is advisable for both LLCs and corporations alike.

Lastly, every bit with all documents submitted to the Arizona Corporation Commission, you'll need to fill up out a encompass sheet to accompany your documents. These three forms (the Argument of Change, the Statutory agent Acceptance form, and the cover sheet) can be submitted by post, fax or in person to the Arizona Corporation Committee.

Arizona LLCs must include a standard processing fee of $5 to change their statutory agent, while corporations may alter their amanuensis gratis of charge. Standard processing generally takes effectually 20 business days, merely expedited filing is available for an boosted fee of $35.

How Does an Arizona Registered Agent Resign?

Sometimes, a registered amanuensis may have to resign from their position.

Whether the company is an LLC or a corporation, the electric current registered agent must consummate a Statutory Agent Resignation Form in lodge to step down.

The forms for the resignation of both corporate and LLC statutory agents can exist found on the "Forms" page of the Arizona Corporation Committee'southward website. Current statutory agents of LLCs must fill out this grade specified for LLCs in order to pace down, while those of corporations are required to fill out the corporation-specific form constitute hither.

There is no filing fee to resign from serving equally the statutory agent of an LLC. However, to step down from serving as the statutory agent of a corporation, you must pay a $10 regular processing fee.

As with all documents submittable to the Arizona Corporation Commission, the Statutory Agent Resignation form must be submitted with a cover sheet. Afterward completing the Statutory Amanuensis Resignation and cover canvass, you lot can submit it by mail to the Arizona Corporation Commission at the post-obit address:

Arizona Corporation Committee
Corporate Filings Department
1300 Due west. Washington St.
Phoenix, Arizona 85007

Why Should Y'all Rent a Professional Arizona Registered Agent Service?

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

Privacy

The biggest benefit in our opinion is the privacy protection this allows, as you will be able to keep your personal accost private. At that place'due south as well a major advantage compared to having an chaser or accountant serve as your amanuensis, namely the fact that registered agent services are almost always much cheaper.

Professional Service

Another reason we similar this selection is that these companies specialize in providing quality registered agent service. They know exactly what's expected of them, and there are rarely any bug to speak of.

Nationwide

The other major do good of hiring a registered agent service is that most of them operate in all 50 states, so that if y'all ever want to expand your business into another state, you won't need to hire an additional registered agent. Your same registered agent will be able to provide the coverage yous demand in your new state, while notwithstanding providing the same service in Arizona. If you hired a lawyer or accountant, they would only be able to help you lot expand to a new state if they take another concrete office in that state.

You lot Stay Compliant

Finally, most professional registered agents operating in Arizona offer some sort of compliance calendar. With this service, your registered agent helps y'all go on runway of due dates for ongoing LLC maintenance requirements like annual reports, which is a valuable bonus.

The height registered amanuensis service providers include some other appealing attributes, including access to their extensive client support networks. Some of them include a total year of registered agent service with whatsoever business germination package, which can be a existent coin-saver. Some other welcome attribute is that some registered agent services provide book discounts if you crave service in multiple states, or if you lot prepay for multiple years.

What Is the Penalty for Not Designating a Registered Agent in Arizona?

You need to have a registered amanuensis to form your limited liability company or corporation in Arizona in the first place, but if you let your registered agent service lapse, at that place could be some serious consequences.

Failure to maintain a registered agent could lead to your business losing its good standing with the country of Arizona, and the state as well has the right to officially dissolve your LLC if they choose to.

Another issue would be the difficulty of existence served if your concern is sued. If the state cannot go ahold of your registered agent, a court may decide to go ahead with the lawsuit without your cognition, which could even atomic number 82 to a judgment against you. This can happen not just if y'all fail to designate a registered agent, but also if your agent is non nowadays during business organization hours to accept the document delivery.

Conclusion

As you can see, the task of designating a registered agent for your Arizona business isn't quite as easy as just writing down your own proper name.

In that location are significant downsides to just nearly every pick in our opinion, but we recommend hiring a professional person registered agent service because that option has the fewest disadvantages. They charge affordable rates, and you never take to worry about losing your good continuing, having your LLC or corporation dissolved, or having a lawsuit keep in your absence.

If you take any farther questions, you tin can contact the Arizona Secretary of State:

Tucson Office
Arizona Corporation Commission
400 W. Congress, 2d Floor
Tucson, AZ 85701
No Mail Received – Walk in Simply

Phoenix Office
Arizona Corporation Commission
1300 Westward. Washington St.
Phoenix, AZ 85007

Alternatively, you can reach out direct to the Corporate Filings section of the Corporations Division by email at filings.corp@azcc.gov