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Arizona spells out one rule that many states leave vague. If you need to sue an Arizona LLC and the agent is not at the address on file, you cannot go through the state. The Arizona Corporation Commission FAQ says the Commission accepts service on behalf of corporations that have failed to keep an agent, for a $25 payment and an affidavit of attempted service. For LLCs it says the Commission will not accept service of process. That puts the weight on the agent you name. Start with the Arizona LLC filing guide if you have not formed yet.
What is a statutory agent?
It is a person or business with a physical address in Arizona. The job is to accept service of process and other legal documents for the company. Every corporation and LLC must appoint and keep one at all times.
Who qualifies?
The Commission lists these:
- An individual who lives in Arizona and is at least 18 years old.
- A domestic corporation.
- A foreign corporation authorized to transact business in Arizona.
- A domestic LLC.
- A foreign LLC authorized to transact business in Arizona.
If the agent is a business, it needs an Arizona address and authority to operate in the state.
Does the agent have to agree?
Yes. The agent must sign and accept the designation. If you form through the Commission's online system, the agent can accept from their own dashboard. When you name a new agent online, you enter their name and email, and they get a message asking them to finish the acceptance. On paper filings, the agent has to send an acceptance form.
How do you change the agent?
File a Statement of Change. You can do it online from the dashboard through the option to change addresses or the statutory agent. You can also file paper, and the Commission warns that LLCs and corporations use different forms. The LLC fee schedule shows:
| Filing | Regular | Expedited |
|---|---|---|
| Statement of Change of Principal Address or Statutory Agent | $5 | $40 |
| Statutory Agent Resignation | $10 | $45 |
The same Statement of Change also fixes the agent's address.
How does an agent resign?
The agent submits a Statement of Resignation. There is a version for LLCs and another for corporations, so use the right one. Your company must still have an agent afterward. Name a successor before the resignation goes in, or you risk a gap.
What if you leave the agent slot empty?
The Commission says failing to maintain a statutory agent will result in administrative dissolution. An administratively dissolved business cannot conduct business except to wind up. You can ask for reinstatement within 6 years of dissolution. The fee is $100, in addition to any filings or fees that are past due. After 6 years you need a new formation. Read service of process to see why a missed summons is so costly.
Can you act as your own agent?
If you live in Arizona and are 18 or older, you meet the test. Think about the address, though. The Commission notes that names and addresses on filings are public record, and it suggests an online business might use its statutory agent's address as the principal address, if permissible. Our guide to being your own registered agent weighs it, and the registered agent services overview covers hiring one.
Companies formed elsewhere
A foreign LLC that registers in Arizona names an Arizona agent as well. See foreign LLC registration. If you compare with neighbours, see California and Nevada.
To form in Arizona, use the start an LLC form.