- What is the purpose of having a “statutory agent”? The purpose of the statutory agent is to ensure that an in-state representative is always available to receive "Notices" on your behalf from governmental agencies and/or individuals. The statutory agent then forwards those “Notices” to you. The term “Notices” is defined below.
- What are the terms of the Statutory Agent Services Agreement? To see the "Service Agreement" - GO HERE.
- Why do I need a statutory agent? An in-state statutory agent is required by Arizona law for: (1) business entities (i.e., LLCs, corporations, partnerships, etc.) and (2) landlords who own residential rental property in Arizona, but who do not reside in Arizona. Below are excerpts from the applicable statutes. We have also included links to the Arizona State Legislature's website, so you can see the full text of the statutes:
Arizona law requires every out-of-state (i.e., not a resident of Arizona), residential landlord (i.e., does not apply to commercial landlords), to have an in-state statutory agent. The exact text of the statute is reprinted below. If you would like to read the full text of the law - GO HERE.
A.R.S. Sec. 33-1902. Residential rental property; recording with the assessor; agent designation; civil penalty; fee
B. An owner of residential rental property who lives outside this state shall designate and record with the assessor a statutory agent who lives in this state and who will accept legal service on behalf of the owner. The owner shall designate the agent in a manner to be determined by the assessor. The information shall include the name, address and telephone number of the agent.
. . .
E. For residential rental property that is acquired by an owner after the date of the notice of assessed valuation and the notice prescribed by section 42-15103 and until the issuance of the next notice of assessed valuation, a city or town shall assess a civil penalty of one thousand dollars against a person who fails to comply with this section, plus an additional one hundred dollars for each month after the date of the original violation until compliance occurs.
- Limited Liability Company (LLC)
Arizona law requires that every LLC (foreign or domestic) have an Arizona business address. If an LLC does not have a physical business address in Arizona, the law does allow an LLC to use the statutory agent’s address as the LLC’s Arizona business address. The exact text of the statute is reprinted below. If you would like to read the full text of the law on the Arizona web site - GO HERE.
A.R.S. Sec. 29-604. Known place of business and statutory agent to be maintained
A. A limited liability company shall appoint and continuously maintain in this state:
1. A known place of business that may be the address of its statutory agent.
2. A statutory agent... .
Arizona law requires that every corporation (foreign or domestic) have and maintain a statutory agent and an Arizona business address. If a corporation does not have a physical business address in Arizona, the law does allow a corporation to use the statutory agent’s address as the corporation’s Arizona business address. The exact text of the statute is reprinted below. If you would like to read the full text of the law on the Arizona web site - GO HERE.
A.R.S. Sec. 10-501. Known place of business and statutory agent
Each corporation shall continuously maintain in this state both:
1. A known place of business that may be the address of its statutory agent.
2. A statutory agent... .
Arizona law requires that every limited partnership (foreign or domestic) have and maintain a statutory agent and an Arizona business address. If a partnership does not have a physical business address in Arizona, the law does allow a partnership to use the statutory agent’s address as the partnership’s Arizona business address. A general partnership is not required by law to have a statutory agent or Arizona business address, but the law may presume that a general partnership has received a notice (i.e., lawsuit or other important notice) even if the general partnership does not received actual notice. (See A.R.S. Sec. 29-1002). Having an Arizona statutory agent will ensure the general partnership receives all legal notices. If you would like to read the full text of the law on the Arizona web site - GO HERE.
A.R.S. Sec. 29-304. Specified office and agent
A. Each limited partnership shall continuously maintain in this state:
1. An office, which may but need not be a place of its business in this state, at which shall be kept the records required by section 29-305 to be maintained; and
2. An agent for service of process on the limited partnership, . . .
- What is the “Arizona Business Address Service”?
- Under Arizona law, every business entity (LLC, corporation, foreign LLC, foreign corporation) must have a statutory agent.
- In addition to a statutory agent, under Arizona law, every business entity must also have an "Arizona business address." The business address must be a physical street address. It CANNOT be a post office box or a private "PMB" (private mail box). But don't buy more services from us than you need.
- If you have a retail location in Arizona, then you already have an Arizona business address and you don’t need our “Arizona Business Address Service.”
- If you run your business out of your home AND you want to use your home address as your Arizona business address, then you don't need our "Arizona Business Address Service."
- Arizona law allows a business entity to use its statutory agent’s address as the business entity’s Arizona business address. Therefore, if you don't have a retail location and/or don't want to use your home address, then you do need our "Arizona Business Address Service," which does two things: (1) it satisfies the legal requirement of having an Arizona business address and (2) it provides an Arizona address for official governmental notices and service of process.
- When we receive an official governmental notice or service of process for your company, we immediately send it to you via email or fax (your preference).
- Important Note: Our "Arizona Business Address Service" IS NOT: a "mail drop" service, a mail forwarding service, or for general mail delivery for your business. You may lawfully use (and you should use) any address you wish for your general mail delivery, including a post office box or a private mail box.
- Can I pay with a personal check, money order, debit card, credit card, or PayPal? Yes.
- Do I need a PayPal account? NO. You can pay with a credit/debit card and you DO NOT need a PayPal account.
- I “must” pay by check; what can I do? We can accept checks and money orders.
- What is meant by the terms: "Recurring Payment," "Non-Recurring Payment," subscription, and/or automatic payment?
- “Recurring payment,” “subscription” and “automatic payment” are referred to on this site as a “recurring payment.” Much the same as a magazine subscription or health club dues, a “recurring payment’ is for a specific period of time – one year – and renews automatically at the end of the year by charging the same credit/debit card or PayPal account used to pay the initial fee. A PayPal account IS NOT required to select the “recurring payment” option. Naturally, if you have a PayPal account, you may remit payment via your PayPal account. If you don’t have a PayPal account, you will be given the opportunity to open a PayPal account, which is FREE and takes only 2 minutes. When you pay by “recurring payment,” your credit/debit card or PayPal account will be charged the stated fee today and the same credit/debit card or PayPal account will be automatically charged the same amount again one year from today. You will receive an email reminder before the renewal fee is charged to your account. If there are insufficient funds in your account at the time of the automatic renewal, you will be notified and a second attempt will be made (a day or two later) to charge the same account. You may cancel anytime.
- "Non-Recurring Payment" is any type of payment that IS NOT a "Recurring Payment." Payment by check or money order are "Non-Recurring Payments." Payment with a debit or credit card may also be a "Non-Recurring Payment" if the debit or credit card is used to merely pay the amount due and you DO NOT set up a "Recurring Payment."
- MUST I select “Recurring Payments"? No, but "Recurring Payment" gives you our best rate.
- Can I sign up for “Recurring Payment"? Yes. “Recurring Payment" gives you our best annual rate.
- Can I switch from "Recurring Payments" to "Non-Recurring Payments" or vice versa? Yes. Send us an EMAIL and tell us you want switch. We will help you make the change.
- Why is the annual "Non-Recurring Payment" fee more than the annual "Recurring Payment" fee? Our primary mission is to provide our clients with fast, easy and reliable statutory agent services. But we have “GONE GREEN,” so our secondary mission is to provide statutory agent services with as few pieces of paper as possible, without sacrificing service. We recognize that some people and/or organizations cannot pay by credit/debit card or PayPal and, in fact, must pay by check or money order. Similarly, we recognize that some people and/or organizations simply prefer not to use "Recurring Payments." In both cases, however, we incur additional expense processing paper based transactions (I.e., checks and/or money orders) and when generating payment requests for "Non-Recurring Payment" accounts.
- What if there is no money in my account when the automatic payment is attempted? Another attempt to bill your account will be tried a day or two later. If the account is closed or if there are still insufficient funds in the account or any other reason prevents the automatic charge, then we will send you a fax or email about the problem. If payment is not timely received, then your account will be closed and we will send in the forms to the appropriate governmental agency to resign as your statutory agent. You can hire us again as your statutory agent, but any fees incurred when filing the resignation form(s) and a $25.00 reinstatement fee must be paid before your account will be reactivated.
- How do I cancel recurring payment (i.e., subscription payment)? To cancel service entirely, go to the “Cancel Service” link at the bottom of the HOME PAGE.
- Can I cancel my account anytime? Yes.
- Do I need a “reason” to cancel? No. Hard to believe? The link to our “Cancellation” page is at the bottom of ALL our web pages. Go to our “Cancellation” page now and see just how easy it is to cancel. No questions, no hassle.
- How do I change from “recurring” to “non-recurring” payment? Send us an EMAIL.
- What if my situation is complicated? Just send us an EMAIL and let us know what you want to do; we will do our best to make it happen.
- What if my contact information changes (i.e., address, phone/fax number, email, etc.)? Send us an EMAIL.
- Can I cancel anytime? Yes.
- Do I need a “reason” to cancel? No.
- How do I cancel? To cancel service entirely, go to the “Cancel Service” link at the bottom of the HOME PAGE.
- How do I cancel my recurring payment? Send us an EMAIL.
- What constitutes a “Notice”? “Notice(s)” includes letters, documents, notices, service of process, or any other type of document received by us, as your statutory agent, on your behalf.
- What will the statutory agent do if/when a Notice is received? We will fax or email all Notices to you, according to the instructions you give us when you sign up, but you can easily change those instructions anytime via fax or email.
- Full information and prices for Initial Documents Packets is found HERE.
ELECTRONIC PROCESSING or MAIL PROCESSING
- Your completed and signed documents must be sent to the Arizona Corporation Commission ("ACC") by you or by us. You can file your documents directly with the ACC by mail or hand-delivering the documents to the ACC's office. We can file your documents with the ACC by mail OR we can file your documents electronically, using our special account with the ACC. If having your documents filed with the ACC in the next 3 to 10 days is acceptable, then you want MAIL PROCESSING - stop here and read no further. If you need your documents filed as soon as possible (i.e., today or tomorrow), then you want ELECTRONIC PROCESSING.
- MAIL PROCESSING. A "Statutory Agent Acceptance" form must be signed by us and attached to the documents sent to the ACC.
- Send us your completed and signed forms via hand-delivery, express mail (i.e., FedEx, UPS next day, etc.), or regular mail. Upon receipt, we will sign the "Statutory Agent Acceptance" form (accepting the appointment as your statutory agent) and then we will mail your documents and your check to the ACC.
- Alternatively, we will mail, email or fax the signed "Statutory Agent Acceptance" form to you and then you can hand-deliver or mail your documents, our signed form, and your check to the ACC.
- In either case (above), you must make your check payable to the ACC to cover the filing fees charged by the ACC.
- ELECTRONIC PROCESSING.
- This is much faster, but don't ask (and pay for) this service unless you must have your documents filed ASAP. You may select this service when you sign up for our statutory agent services. You will send us your completed and signed forms via fax or email (after you have scanned the completed and signed forms). Upon Receipt, we will sign the "Statutory Agent Acceptance" form (accepting the appointment as the statutory agent).
- We will file your forms electronically with the ACC via a special account we have with the ACC. This special account allows us to send the forms electronically, BUT we must pay your ACC fees from our "Money on Deposit" account. Instead of you sending us a check payable to the ACC for the filing fees, we MUST send you an invoice via email for: (1) the fees you owe to the ACC and (2) the $100 Electronic Processing fee. This will reduce the ACC's processing time by up to 10 days.
- Note: this service is for: (1) new Arizona businesses, (2) existing Arizona businesses, (3) foreign businesses applying for the first time to do business in Arizona, or (4) foreign businesses already authorized to business in Arizona and need a new statutory agent, AND when YOU will be preparing and sending documents to the Arizona Corporation Commission. This service is unnecessary for: (1) LLC Today or (2) White Glove Service, because Electronic Processing is already included.
When used on this site, the following words are defined as follows:
- Domestic - When used in conjunction with the terms LLC, Corporation, or Partnership (i.e., “a domestic LLC...”; “a domestic corporation...”; a domestic Limited Partnership...”), this term means that the business entity was formed in Arizona.
- Foreign - When used in conjunction with the terms LLC, Corporation, or Partnership (i.e., “a foreign LLC...”; “a foreign corporation...”; a foreign Limited Partnership...”), this term means that the business entity was formed in any state OTHER THAN Arizona. For example, a California LLC is considered to be a “foreign” LLC in Arizona.
- Partnership - When used on this site, this term means a foreign or domestic General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Limited Partnership.