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Outline

When forming a corporation or limited liability company (LLC) in Arizona, one crucial step involves appointing a statutory agent. This agent acts as a designated representative for your business, receiving legal documents and official communications on behalf of the entity. The Arizona Agent form is essential for this process, as it outlines the necessary information required to formalize the appointment. The form requires the exact name of the corporation or LLC, ensuring it matches the name listed in the founding documents, such as the Articles of Organization or Articles of Incorporation. Additionally, it asks for the name of the statutory agent, which can be an individual or another entity, and this name must also align with the corresponding documents. The signature of the statutory agent is a vital component, signifying acceptance of the role and acknowledging that the appointment remains effective until either the agent resigns or is replaced by the business. This form is straightforward, with no filing fee for regular processing, but it is important to remember that all submitted documents become public records. Understanding these elements can help streamline your business formation process and ensure compliance with Arizona law.

Sample - Arizona Agent Form

M002.003 Arizona Corporation Commission – Corporations Division
Rev: 9/2014 Page 1 of 1
Please read Instructions
DO NOT WRITE ABOVE THIS LINE; RESERVED FOR ACC USE ONLY.
STATUTORY AGENT ACCEPTANCE
M002i
1. ENTITY NAME –
give the exact name in Arizona of the corporation or LLC that has appointed the
Statutory Agent (this must match exactly the name as listed on the document appointing the
statutory agent, e.g., Articles of Organization or Article of Incorporation):
2.
STATUTORY AGENT NAME –
give the exact name of the Statutory Agent appointed by the
_____________________________________________________________________
By the signature appearing below, the individual or entity named in number 2 above
accepts the appointment as statutory agent for the entity named in number 1 above, and
acknowledges that the appointment is effective until the appointing entity replaces the statutory
agent or the statutory agent resigns, whichever occurs first.
Signature Printed Name Date
REQUIRED
– check only one
:
Individual as statutory agent:
I am
signing on behalf of myself as the individual
Entity as statutory agent:
I am signing on
behalf of the entity named as statutory agent,
and I am authorized to act for that entity.
Filing Fee: none (regular processing)
Expedited processing – not applicable.
All fees are nonrefundable - see Instructions.
Mail: Arizona Corporation Commission - Corporate Filings Section
1300 W. Washington St., Phoenix, Arizona 85007
Fax: 602-542-4100
Please be advised that A.C.C. forms reflect only the minimum provisions required by statute. You should seek private legal counsel for those matters that may pertain
to the individual needs of your business.
All documents filed with the Arizona Corporation Commission are public record and are open for public inspection.
If you have questions after reading the Instructions, please call 602-542-3026 or (within Arizona only) 800-345-5819.
The person signing below declares and certifies under penalty of perjury that the information
contained within this document together with any attachments is true and correct, and is
submitted in compliance with Arizona law.
____________________________________________________________________________
entity listed in number 1 above (this will be either an individual or an entity). NOTE - the name
must match exactly the statutory agent name as listed in the document that appoints the
statutory agent (e.g. Articles of Incorporation or Articles of Organization), including any middle
initial or suffix:
3.
STATUTORY AGENT SIGNATURE:
(natural person) named as statutory agent.

Form Information

Fact Name Details
Governing Law The Arizona Agent form is governed by Arizona Revised Statutes (ARS) Title 10, Chapter 29.
Entity Name Requirement The form requires the exact name of the corporation or LLC as registered in Arizona.
Statutory Agent Name The appointed statutory agent's name must match the name on the document that appoints them.
Signature Requirement The statutory agent must sign the form to accept the appointment officially.
Appointment Duration The appointment remains effective until the entity replaces the statutory agent or the agent resigns.
Public Record All documents filed with the Arizona Corporation Commission are public records and can be inspected by the public.
Filing Fee No filing fee is required for regular processing of the form.
Legal Counsel Recommendation It is advised to seek private legal counsel for specific business needs beyond the minimum statutory requirements.

Detailed Guide for Filling Out Arizona Agent

Completing the Arizona Agent form is a straightforward process that requires careful attention to detail. Ensure that all information provided matches the documents appointing the statutory agent. Follow these steps closely to fill out the form correctly.

  1. Entity Name: Enter the exact name of the corporation or LLC as registered in Arizona. This must match the name on the document appointing the statutory agent.
  2. Statutory Agent Name: Provide the exact name of the statutory agent. This can be an individual or an entity, and it must match the name on the appointing document, including any middle initials or suffixes.
  3. Statutory Agent Signature: The individual or entity named as the statutory agent must sign the form. This signature indicates acceptance of the appointment and acknowledges the terms outlined in the form.
  4. Printed Name: Print the name of the statutory agent as it appears in the previous section.
  5. Date: Enter the date when the form is signed.
  6. Agent Type: Check the appropriate box to indicate whether the statutory agent is an individual or an entity. Ensure that the declaration of authority is clear.
  7. Filing Fee: Note that there is no fee for regular processing. Ensure you understand the implications of expedited processing, if applicable.
  8. Submission: Mail the completed form to the Arizona Corporation Commission at the specified address or fax it to the provided number.

Once the form is filled out, double-check all entries for accuracy. After submission, the document will become part of the public record, and you may wish to retain a copy for your records. If any questions arise during the process, contact the Arizona Corporation Commission for assistance.

Obtain Answers on Arizona Agent

  1. What is the purpose of the Arizona Agent form?

    The Arizona Agent form is used to appoint a statutory agent for a corporation or LLC in Arizona. The statutory agent is responsible for receiving legal documents on behalf of the entity. This ensures that the business can be reached for any legal matters.

  2. Who can be a statutory agent in Arizona?

    A statutory agent can be either an individual or an entity. The agent must have a physical address in Arizona and must be available during regular business hours to receive legal documents.

  3. What information is required on the form?

    The form requires the following information:

    • Entity name: The exact name of the corporation or LLC as it appears in official documents.
    • Statutory agent name: The exact name of the individual or entity serving as the statutory agent.
    • Signature of the statutory agent: The agent must sign to accept the appointment.
  4. Is there a filing fee for the Arizona Agent form?

    There is no filing fee for regular processing of the Arizona Agent form. However, all fees are nonrefundable. Expedited processing is not applicable for this form.

  5. How long is the appointment of a statutory agent valid?

    The appointment remains effective until the entity replaces the statutory agent or the statutory agent resigns. This ensures that there is always a designated person or entity to receive legal documents.

  6. Can the statutory agent resign?

    Yes, the statutory agent can resign. If this occurs, the entity must appoint a new statutory agent to ensure compliance with Arizona law.

  7. Are the documents filed with the Arizona Corporation Commission public records?

    Yes, all documents filed with the Arizona Corporation Commission are public records. They are open for public inspection, meaning anyone can access this information.

  8. What should I do if I have questions about the form?

    If you have questions after reading the instructions, you can call the Arizona Corporation Commission at 602-542-3026 or 800-345-5819 (within Arizona only). They can provide assistance with any concerns you may have.

  9. What happens if the information provided on the form is incorrect?

    Providing incorrect information can lead to legal complications. The person signing the form certifies that the information is true and correct under penalty of perjury. It is crucial to ensure accuracy before submission.

  10. Do I need legal counsel to complete the Arizona Agent form?

    While it is not required, it is advisable to seek private legal counsel for matters that pertain to the individual needs of your business. Legal professionals can provide guidance tailored to your specific situation.

Common mistakes

Filling out the Arizona Agent form can seem straightforward, but many people make common mistakes that can lead to delays or complications. One of the most frequent errors is failing to provide the exact entity name. This name must match precisely with what is listed in the official documents, such as the Articles of Organization or Articles of Incorporation. Even a minor discrepancy, like an omitted word or a typo, can result in the rejection of the form.

Another common mistake involves the statutory agent name. Just as with the entity name, this must be the exact name as it appears in the appointing documents. If the statutory agent has a middle initial or a suffix, such as “Jr.” or “LLC,” it’s crucial to include those details. Omitting them can cause unnecessary complications.

Many individuals overlook the importance of the signature. The person signing the form must be the same individual or representative listed as the statutory agent. If someone else signs on behalf of the agent without proper authorization, it can invalidate the appointment.

Completing the date section is another area where mistakes frequently occur. Failing to date the form can lead to confusion about when the appointment becomes effective. It’s essential to provide the date clearly and accurately.

Some individuals mistakenly check the wrong box when indicating whether they are signing as an individual or on behalf of an entity. This choice is critical, as it clarifies the capacity in which the signer is acting. An incorrect selection can lead to questions about the validity of the appointment.

Furthermore, many people neglect to read the instructions carefully. Each section of the form has specific requirements, and overlooking these can lead to incomplete submissions. Taking the time to understand the instructions can prevent errors that might delay processing.

Another mistake is assuming that the form is confidential. It’s important to remember that all documents filed with the Arizona Corporation Commission are public records. This means that any information provided will be accessible to the public, so it’s vital to ensure that all details are accurate and appropriate.

Some individuals fail to consider the implications of the filing fee. While the regular processing fee is none, it’s essential to be aware that all fees are nonrefundable. If the form is rejected due to errors, the filing fee will not be returned.

Lastly, many people do not seek legal counsel when necessary. The Arizona Agent form only covers the minimum requirements, and specific business needs may require additional legal considerations. Consulting with a lawyer can help ensure that all aspects of the appointment are properly addressed.

Documents used along the form

When appointing a statutory agent in Arizona, several other forms and documents may accompany the Arizona Agent form. Each of these documents plays a vital role in the overall process of establishing a business entity and ensuring compliance with state regulations.

  • Articles of Incorporation: This document is essential for corporations. It outlines the basic details of the corporation, including its name, purpose, and the number of shares it is authorized to issue. Filing this document with the Arizona Corporation Commission officially creates the corporation.
  • Articles of Organization: Similar to the Articles of Incorporation, this document is used for limited liability companies (LLCs). It includes information such as the LLC's name, its duration, and the address of its principal office. Filing this document establishes the LLC as a legal entity in Arizona.
  • Operating Agreement: While not required by law, this document is highly recommended for LLCs. It outlines the management structure, roles of members, and operational procedures. An Operating Agreement helps clarify expectations among members and can prevent disputes in the future.
  • Consent to Serve as Statutory Agent: This form is often required to confirm that the appointed statutory agent agrees to take on the responsibilities associated with the role. It typically includes the agent's name and signature, affirming their acceptance of the appointment.

Understanding these accompanying documents can help ensure that the process of establishing a business in Arizona goes smoothly. Each form serves a specific purpose, contributing to the legal framework that supports the operation of your business entity.

Similar forms

The Arizona Agent form serves a specific purpose in the realm of business formation and management. However, several other documents share similarities in function and intent. Here are five documents that are comparable to the Arizona Agent form:

  • Articles of Incorporation: This document officially establishes a corporation in Arizona. Like the Arizona Agent form, it requires specific information about the entity and its appointed statutory agent. Both documents ensure that there is a designated individual or entity responsible for receiving legal documents on behalf of the business.
  • Articles of Organization: Used for limited liability companies (LLCs), this document is similar to the Articles of Incorporation but tailored for LLCs. It also includes details about the statutory agent and serves to formally create the LLC in Arizona, just as the Arizona Agent form does for agent designation.
  • Certificate of Good Standing: This document confirms that a business is legally registered and compliant with state regulations. While it does not appoint a statutory agent, it requires accurate information about the business, including its registered agent, which aligns with the purpose of the Arizona Agent form in maintaining accurate records.
  • Statutory Agent Resignation Form: This document is used when a statutory agent decides to resign from their position. It parallels the Arizona Agent form by outlining the formal process for changing or terminating the agent, ensuring that the business remains compliant with state laws.
  • Annual Report: Many states require businesses to file annual reports that update their information, including details about the statutory agent. This document shares a similar goal with the Arizona Agent form, ensuring that the state has current and accurate information regarding the business and its appointed representatives.

Dos and Don'ts

When filling out the Arizona Agent form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid during this process.

  • Do provide the exact name of the corporation or LLC as it appears in official documents.
  • Do match the statutory agent's name exactly with the name listed in the appointment documents.
  • Do ensure that the signature on the form is that of the appointed statutory agent.
  • Do double-check all information for accuracy before submission.
  • Do keep a copy of the completed form for your records.
  • Don't use abbreviations or nicknames for the entity or statutory agent's name.
  • Don't leave any required fields blank, as this may delay processing.

Adhering to these guidelines can help facilitate a smooth filing process with the Arizona Corporation Commission.

Misconceptions

Understanding the Arizona Agent form is crucial for anyone involved in setting up a corporation or LLC in the state. However, several misconceptions can lead to confusion. Here are four common myths surrounding this form:

  • Misconception 1: The statutory agent can be anyone.
  • Many believe that any person can serve as a statutory agent. In reality, the agent must be a resident of Arizona or an entity authorized to conduct business in the state. This ensures that there is a reliable point of contact for legal documents.

  • Misconception 2: The statutory agent's name does not need to match official documents.
  • Some think that the name of the statutory agent can be flexible. However, the name must match exactly as it appears in the appointing documents, such as the Articles of Organization or Articles of Incorporation. Any discrepancies can lead to legal complications.

  • Misconception 3: There are no consequences for not maintaining a statutory agent.
  • It's a common belief that failing to maintain a statutory agent is inconsequential. In fact, if a business does not have an active statutory agent, it may face penalties, including the potential for losing its good standing status with the state.

  • Misconception 4: The statutory agent's role is temporary and can be ignored.
  • Some people think that the role of a statutory agent is not important and can be overlooked. This is misleading. The statutory agent is responsible for receiving important legal documents and notifications. Ignoring this role can lead to missed opportunities to respond to legal actions or other significant communications.

Key takeaways

When filling out and using the Arizona Agent form, it is important to understand several key aspects. Here are some essential takeaways:

  • Entity Name: Provide the exact name of the corporation or LLC as registered in Arizona. This must match the name on the document appointing the statutory agent.
  • Statutory Agent Name: Enter the precise name of the statutory agent, whether an individual or an entity. Ensure it matches the name on the appointing document, including any middle initials or suffixes.
  • Signature Requirement: The statutory agent must sign the form to accept the appointment. This signature confirms acceptance and acknowledges the responsibilities that come with the role.
  • Perjury Declaration: The signer certifies under penalty of perjury that all information provided is true and correct, complying with Arizona law.
  • Agent Type: Indicate whether the statutory agent is an individual or an entity. This distinction is crucial for proper processing.
  • No Filing Fee: There is no fee for regular processing of this form. However, all fees are nonrefundable.
  • Public Record: All documents submitted to the Arizona Corporation Commission become public records and are accessible for public inspection.
  • Seek Legal Counsel: The form reflects minimum statutory requirements. It is advisable to consult legal counsel for specific business needs.

Understanding these points can help ensure that the form is completed accurately and effectively, minimizing the risk of delays or issues in the processing of your statutory agent appointment.