Are you looking to start a new business in Arizona but are unsure if you have covered all the requirements for forming a successful LLC or Incorporation? Let’s cover everything you need to know about statutory agents in the state of Arizona.
Statutory Agents & Why Need Them
A statutory agent is a person or company that agrees to take on the legal mail on behalf of your Arizona Entity. “Legal Mail” defines as official notices from the state and Service of Process of legal documents. Under the AZ code ARS 20-604, the S.A. for an Arizona entity must include one of the following:
- A domestic corporation
- An individual Arizona Resident
- A foreign corporation or LLC that is authorized to do business in Arizona
- A limited liability company (LLC)
This clause is trying to state that the S.A. must be available during regular business hours to accept Service of Process. Furthermore, the S.A. address must be physically in Arizona. Using a P.O. Box is not permitted. Note that Arizona is one of the few states that use the term statutory agent. In most states, statutory agents are referred to as registered agents.
Now moving on to why statutory agent services are required, the most common answer is they are required by Arizona law. You will not be able to achieve your Articles of Corporation/Incorporation through the AZCC until you choose a statutory agent for your entity. As stated, before the S.A.’s purpose is to receive all legal mail regarding your business, such as complaints, summons, or subpoenas, there may be a consequence of such information failing to reach the business owner before the deadline. Don’t make the mistake that you aren’t susceptible to a lawsuit; countless business owners think that notion and end up making what could have been a simple response to a demand letter a disaster by not responding. Always be aware of any legal mail that comes into your business, good or bad.
Attorney to Register Your LLC in Arizona
Registering an LLC with the state of Arizona doesn’t require an attorney, though it certainly helps to have the guidance of a legal professional to show you through the process. Whether you pay a fee to have an attorney assist you during registration or pay an hourly fee for more comprehensive, ongoing legal services, a business attorney can help you quickly get your business off the ground while avoiding the pitfalls that lead to future problems.
Let the seasoned attorneys at Enara Law PLLC take care of your business formations and registry. A business attorney can always help you choose the right type of business registration. Contact us today by phone at 602-687-201.