If you’re a small or medium-sized business looking to get started and do it right in Arkansas, then a top task on your list is appointing a registered agent. A number of rules apply to the choice and appointment of an Arkansas registered agent, which has important responsibilities for ensuring that your business stays in compliance day in and day out.
In this post, we will discuss what a registered agent is, why it matters that you have one, how to appoint one, and any rules and regulations about which you must know. We will also discuss who can be a registered agent and whether it’s a good idea to use a registered agent service instead of an individual. We will end with some FAQs to make sure that your Arkansas business is good to go as quickly as possible.
Keep in mind, if you’re forming an LLC in Arkansas, this is a mandatory step of the process.
A registered agent serves as the official mailbox of your company. You can either choose a person or a business entity to fulfill the role, which involves several different tasks. These include accepting legal documents on your behalf, accepting tax forms, accepting and filing official government documents such as an annual report, and either receiving or delivering service of process.
All of the above are important, since failing to meet the requirements associated with any of them may result in penalties for your business or even for you personally. Service of process especially requires care, since it is how you are notified of legal action or you notify others, either of which weighs significantly on the outcome of legal proceedings.
You have a lot of freedom when it comes to choosing an Arkansas registered agent. Many business owners choose to be their own registered agents, while others appoint a friend or family member to do the job. Still others choose an attorney or a professional registered agent service to do the job, which usually only requires an annual fee of between $100 and $300 – not all that much for peace of mind.
Despite this freedom, however, you do have to follow a set of rules in choosing a registered agent. The registered agent must be:
Do note that if you select a business entity to be your registered agent, it can’t just be any business. It must be an entity that specifically provides those services, such as a lawyer or a registered agent service. The company you hire must be in good standing with the state of Arkansas.
When you start your business in Arkansas, you are required to choose a registered agent at that time. The form you use is called the certificate of organization, and it asks you to list the name and information of the registered agent. This information will be put on public file so anyone can look it up.
To file your Certificate of Organization, follow these steps:
If you have questions about how to file the form, you can call the Secretary of State Executive Office at 501-682-1010. You can also contact Arkansas’s Business & Commercial Services division by calling 888-233-0325 or 501-682-3409, or emailing [email protected].
If you want to change your Arkansas registered agent to a different individual or registered agent service, you can do that. Businesses may do this for many reasons, such as for convenience or because they expect a considerable amount of service of process and they want someone who is well qualified to handle it, like a lawyer.
If you need to change your registered agent in Arkansas, you will need to take several steps:
There is no fee to change your registered agent in Arkansas.
Many business owners wonder if they can be their own registered agents, and the answer is yes, as long as you follow the same requirements that apply to anyone else who might be your registered agent: You must be at least 18 years of age, reside in the state of Arkansas, and be available at the physical address you list during normal business hours to receive service of process and other legal documents.
It is important to note the difference between you and your business. Your business entity cannot serve as its own registered agent, which means you cannot list your business name and address as the registered agent, even if you are there at a brick-and-mortar location all day.
Thus, if you choose to list yourself as a registered agent, then it is as an individual, and you must list your individual address. Again, this cannot include a mailbox such as UPS or FedEx.
Knowing that you can work as your own registered agent for free, why then would anyone choose to hire a registered agent service?
This is a good question, the answer being that a professional Arkansas registered agent brings many benefits to the table that you yourself cannot provide. The same is true if you hire a friend or family member. Let’s take a look.
Ultimately, how you choose to run your biz comes down to what makes you feel safe and comfortable. For some people, that means accepting all legal documentation and overseeing all paperwork themselves. For others, though, dealing with the regular tasks of a small business is work enough, and legal documentation is a stressful to-do list item that’s better left in someone else’s hands.
If that’s you, then using a registered agent can bring the required peace of mind. With them in your corner, you know you won’t miss any documents, deadlines, or important notices. That way, you can simply focus on what you do best without worrying about the unknown.
Staying in compliance with Arkansas State law is not difficult, per se, but it does require that you maintain good and consistent business practices. Not only do you have to meet the state requirements for your business license and registered agent, but you must also pay taxes and fees on time, file reports, renew your license regularly, and meet any other requirements for your specific field.
It’s a long list, and some business owners find it a bit daunting. If that’s the case, it can help to have a registered agent on hand to receive paperwork for you, track deadlines, and submit necessary filings within the appropriate time frame. That way, you never endanger your license or your public image.
We live in a highly connected world, which is wonderful in many ways. The internet allows people to work from home, become digital nomads, and telecommute as desired. This has given many folks the freedom to work part-time, raise children, or even run multiple businesses at the same time, without the stress of being tied to one location.
Unfortunately, a registered agent is required to be at one location during normal working business hours. If you like to come in late, travel a lot, or work from the nearby coffee shop, being your own registered agent probably isn’t a good fit. Oftentimes, friends and family members feel the same way, which is why businesses choose to hire a professional registered agent.
Last but certainly not least, a registered agent service helps to reduce your paperwork load. No longer do those documents flow across your desk … now they hit the registered agent’s instead. That means somebody else is sorting through your mail to discard the junk and pull out the important notices that you really need to see.
In the end, an Arkansas registered agent does more than receive service of process or file your annual report: They give you ultimate flexibility and peace of mind. If you want the assurance that you and your business are always above board, then a registered agent service is the best way to go, so reach out with any questions you might have today!
An Arkansas registered agent is an individual or entity that is authorized to receive and send documents on your behalf.
Many business owners choose to be their own registered agent, but others choose someone else to handle the paperwork and legal service of process on their behalf.
Yes, anyone can be your registered agent as long as they are 18 years of age, have an address in the state, and will be present at that address during normal business hours.
You can change your registered agent online or through the mail by filing the appropriate paperwork, described above. The change is immediate if you file online and will take a few days through the mail.
Typically, a professional registered agent service will charge between $100 and $300 a year. Amounts vary depending on what type of business you hire. If you use a friend or family member, you usually will not pay at all.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos on this page.
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