{"id":870,"date":"2019-11-05T12:18:06","date_gmt":"2019-11-05T19:18:06","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-small-business-representation\/?p=870"},"modified":"2023-11-14T16:41:17","modified_gmt":"2023-11-14T23:41:17","slug":"arizona-statutory-agent","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-small-business-representation\/blog\/arizona-statutory-agent\/","title":{"rendered":"A Reliable Statutory Agent Will Help Your Arizona Small Business"},"content":{"rendered":"
Are you starting an LLC in Arizona? We\u2019ll cover everything you need to know about statutory agents in Arizona, including:<\/p>\n
A statutory agent is the person or company who agrees to accept legal mail on behalf of your Arizona LLC<\/a>. \u201cLegal mail\u201d includes official notices from the state and Service of Process of legal documents.<\/p>\n Under ARS 29-604<\/a>, the statutory agent for an Arizona LLC must be one of the following:<\/p>\n Generally speaking, a statutory agent must be available during normal business hours to accept Service of Process. The actual definition of \u201cnormal business hours\u201d is fairly vague, but it\u2019s generally understood to be Monday through Friday from 9am to 5pm.<\/p>\n Furthermore, the statutory agent\u2019s address must be a physical Arizona address. Using a P.O. Box for the agent\u2019s address is not permitted.<\/p>\n 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<\/a>.<\/p>\n The obvious answer is that LLCs in Arizona are required by law to appoint a statutory agent. In fact, you won\u2019t be able to file your Articles of Organization<\/a> with the Arizona Corporation Commission (AZCC<\/a>) until you choose a statutory agent.<\/p>\n More importantly, you need a statutory agent to ensure that you (the business owner) receive legal mail in a timely manner. Whether we\u2019re talking about an important notice from the AZCC that requires immediate action or Service of Process for a complaint, summons, or subpoena, there may be devastating consequences if such communication doesn\u2019t reach the business owner before a hard deadline.<\/p>\n If you\u2019re shaking your head while thinking you won\u2019t ever get sued, think again. In today\u2019s litigious society, it\u2019s never been easier for an angry customer, business partner, or employee to pursue legal action. Government agencies may also sue \u2014 or at the very least, launch a formal investigation \u2014 in response to alleged infractions of state or federal employment law.<\/p>\n In short, the excuse that you didn\u2019t receive legal mail in time to meet a mandatory deadline or issue a legal response won\u2019t cut it. Arizona courts provide ample time for couriers to complete Service of Process, and if the courier can\u2019t reach you during that generous time window, the case will proceed without you.<\/p>\n It\u2019s safe to say that many Arizona LLCs \u2014 especially small, owner-operated businesses \u2014 list the business owner as the statutory agent. More often than not, the statutory agent\u2019s address for receiving legal mail is the business address.<\/p>\n Keep in mind, however, that the statutory agent must be available during normal business hours. If the business owner isn\u2019t always in the office, it may be wise to choose another employee or business partner who will consistently be available.\u00a0<\/span><\/p>\n Similarly, if the business address isn\u2019t suitable for a statutory agent (e.g. it\u2019s a P.O. Box or virtual address), you may need to list the agent\u2019s personal address. If you\u2019re the business owner and statutory agent, and you work from home, listing your home address for the statutory agent is perfectly acceptable.<\/p>\n There are some situations where choosing an external agent is advisable. In such cases, it may make sense to hire a third party company which specializes in serving as the statutory agent for Arizona LLCs.<\/p>\n\n
Why do you need a statutory agent in Arizona?<\/h2>\n
Choosing a Registered Agent for Your Arizona LLC<\/h2>\n