When forming a business in Arizona—like an LLC or corporation—you’ll come across the term “statutory agent.” It’s a key player in keeping your company legal, and you might wonder if you can take on that role yourself.
The short answer? Yes, you can be your own statutory agent in Arizona, but there are rules and trade-offs to consider. In this article, we’ll explain what a statutory agent does, Arizona’s requirements, and whether DIY-ing it makes sense for you.
What’s a Statutory Agent?
In Arizona (and every other state), a statutory agent—often called a registered agent elsewhere—is the person or entity responsible for receiving important legal and government documents on behalf of your business. Think lawsuits, tax notices, and state compliance forms. The agent’s job is to accept these papers and get them to you fast, ensuring you don’t miss deadlines that could jeopardize your company’s standing.
Arizona law requires every LLC, corporation, and certain partnerships to have a statutory agent. It’s not optional—it’s a must to stay legit with the Arizona Corporation Commission (ACC).
Can You Be Your Own Statutory Agent in Arizona?
Yes, Arizona lets you serve as your own statutory agent, as long as you meet the state’s criteria. Here’s what you need to qualify:
- Physical Address: You must have a street address in Arizona—no P.O. boxes allowed. This is where legal papers get delivered.
- Availability: You have to be present at that address during regular business hours (typically 9 a.m. to 5 p.m., Monday through Friday) to accept documents.
- ** Residency**: You don’t need to be an Arizona resident if your business is based here, but you must have that in-state address.
So, if you live in Arizona or run your business from a physical location there—like your home or office—you can list yourself as the statutory agent when you file your Articles of Organization (for an LLC) or Articles of Incorporation (for a corporation).
Pros of Being Your Own Statutory Agent
Why might you want to do this? There are some upsides:
- Cost Savings: It’s free—hiring a professional service costs $100–$300 a year, so you keep that cash.
- Control: You get documents directly, no middleman, so you know exactly what’s coming in and when.
- Simplicity: For a solo operation or small business, it’s one less thing to manage.
If you’re a hands-on owner with a stable Arizona address, it can be a no-brainer.
Cons of Being Your Own Statutory Agent
But it’s not all smooth sailing. Here’s what to watch out for:
- Public Record: Your address goes on file with the ACC, visible to anyone who looks up your business. Privacy lovers might cringe—especially if it’s your home.
- Availability Demands: You’re tied to that address during business hours. Miss a delivery because you’re at a job site or on vacation, and you could miss a lawsuit deadline, risking a default judgment.
- Paperwork Hassle: If you move, you’ll need to update your statutory agent info with the ACC (and pay a fee—around $5–$25). That’s extra admin work.
For busy folks or those who travel, this could get tricky.
Arizona’s Rules: What the Law Says
Arizona Revised Statutes (A.R.S. § 29-3115 for LLCs and § 10-501 for corporations) lay it out: your statutory agent must have a physical Arizona address and be available to receive service of process. You can name yourself, a friend, or an employee who meets these rules—or hire a service. The ACC doesn’t care who it is, as long as they’re reliable and in-state.
One quirk? If you’re forming an LLC, you’ll list your statutory agent on the Articles of Organization and file a Statutory Agent Acceptance form (usually included). Corporations follow a similar drill. Mess up the address or availability, and your filing could get rejected.
Alternatives to Being Your Own Statutory Agent
Not sold on DIY? You’ve got options:
- Friend or Family: They can step up if they’re in Arizona and willing—just be sure they’re dependable.
- Professional Service: Companies like Northwest Registered Agent or LegalZoom charge $100–$300 yearly to handle it. They use their Arizona address, keeping yours private, and scan docs to an online portal. It’s hassle-free and ideal if you’re mobile or privacy-focused.
Does It Make Sense for You?
So, should you be your own statutory agent? It depends:
- Yes, if: You’ve got a steady Arizona address (like your home or office), you’re around during the day, and you don’t mind your address being public. It’s a cheap, straightforward choice for small, local businesses.
- No, if: You travel a lot, work off-site, or want to shield your personal address. A service might save you stress and protect your privacy.
For example, a Phoenix-based handyman who’s home most days could easily do it themselves. But a Tucson entrepreneur flipping houses across the state might prefer a pro to avoid missing a summons.
How to Set It Up
If you’re in, it’s simple:
- File your Articles of Organization or Incorporation with the ACC (online or mail, $50–$85 fee for LLCs).
- List yourself as the statutory agent with your Arizona street address.
- Sign the Statutory Agent Acceptance (often part of the form) to confirm you’re on board.
That’s it—you’re official. Just stay on top of updates if your address changes.
Wrapping Up
In Arizona, you absolutely can be your own statutory agent, as long as you’ve got an in-state address and can be there to catch the mail. It’s a cost-free, hands-on option for many, but the public exposure and time commitment might push you toward a service instead.
Weigh your schedule, privacy needs, and budget—then decide what fits. Whether it’s you or a pro, Arizona just wants someone reliable on the hook. Ready to file? Your business is one step closer to reality!