Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your Arkansas registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
But when it comes to Arkansas LLCs, the process is pretty straightforward.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the Arkansas LLC
Step one: talk to your LLC and let them know you’re resigning. The Arkansas Registered Agents Act § 4-20-111 requires agents to notify their business entities as soon as they file a resignation with the state. But to make the process easier for everyone involved, it’s often best to discuss your resignation before you make it official. In doing so, you’re paving the way for a smooth replacement transition and helping the LLC maintain good standing with the state as they change their registered agent.
After you set up a plan with your LLC, go ahead and file your notice with the state (as outlined below). Be sure to send your LLC an official copy as well.
Submitting Your Resignation
Discussing the resignation with your LLC might actually be the most difficult part of the process because the state-required filing is fairly easy.
The Arkansas Secretary of State doesn’t have an official resignation form, so you can create your own. Just make sure you include the following items:
- The LLC name (as it appears on record with the Secretary of State)
- Your name
- A statement saying that you resign as the LLC’s registered agent for service of process
- The name and address of the person (within the LLC) to whom you will send your official resignation notice
- Your signature
Done? You’re ready to send it off. Print two copies, one for the Secretary of State’s office and one for your LLC. There’s no fee involved, so put away your checkbook or credit card. Send the first form to:
Arkansas Secretary of State
Business and Commercial Services Division
1401 W. Capitol
Victory Building, Suite 250
Little Rock, AR 72201
You’re also welcome to drop it off in person at the same address if you live in or near Little Rock.
Typical processing time for registered agent resignations is two business days. However, you will not be removed as the LLC’s registered agent until the 31st day after your filing is processed, or until the LLC appoints a new agent (whichever comes first). For this reason, it’s good to have a replacement lined up.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. Let’s say you resign and your LLC has no succession plan in place. If they go without a registered agent for more than 60 days, they risk being administratively dissolved by the state. Ideally, the LLC will change their registered agent before you’re off the Secretary of State’s record and they won’t spend any time without one.
Once you’ve nominated a replacement, confirm that they meet Arkansas’s registered agent requirements. They must:
- Be a single person or a corporation registered to do business in Arkansas
- Have a physical Arkansas address (P.O. boxes aren’t allowed)
- Have a mailing address in Arkansas
A single LLC manager or member can serve as registered agent for their own company, but an LLC cannot be its own agent. If your agent is a foreign corporation or LLC, it must be authorized to transact business in Arkansas.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Arkansas LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Arkansas or something completely different.