Arkansas Registered Agent (& Registered Agent Services)

What is an Arkansas Registered Agent & is it Necessary?

An LLC cannot be formed or do business in Arkansas without first having a registered agent on file with the Secretary of State. This is required by law and the penalties can be serious. Maintaining a registered agent doesn’t just keep you in good standing. It also provides an important service.

Think of your registered agent as your ambassador to the state, handling all your LLC’s important legal, tax, and compliance information. This can either be an individual, company or registered agent service.

As soon as they’re appointed, your registered agent must be consistently available in Arkansas to receive and act on mailed documents and service of process. The Secretary of State’s FAQ page offers more information:

Your LLC will need to keep a valid registered agent on file at all times or else it could fall into “noncompliance,” lose its good standing with the state, and even be administratively dissolved.

What are the Requirements of a Registered Agent?

There are only a few restrictions on who you can appoint as your registered agent, but they’re important and non-negotiable, so make sure you follow them! Your agent must:

• Be an individual Arkansas resident or a business entity authorized to do business in the state.
• Have a physical address in Arkansas (not a P.O. box).
• Have a mailing address in Arkansas.
• Not be the LLC itself. An Arkansas LLC cannot serve as its own agent, although one of its members or managers can.

A registered agent’s name and address are required for the Articles of Organization. After your document has been submitted, that information will become part of your LLC’s public record. Here is a screenshot from the form itself:

When you’ve got potential options for your registered agent, review each one to make sure that they meet these requirements. If they do, you’re good to go! If not, you’ll need to keep looking.

Who can be a Registered Agent in Arkansas?

Arkansas’ registered agent requirements are pretty broad, so you’ll have no shortage of options. On top of that, your agent can be either an individual or a professional service. But think carefully before choosing, because each option has its own pros and cons. Let’s take a closer look.

Individual

You may choose to appoint a single person as your registered agent. Some LLC owners take on registered agent duties themselves. Others appoint one of their partners or managers. Some will even appoint a family member. As long as the proposed agent fulfills the state’s requirements, they’re a valid option.

In addition to being an Arkansas resident, your agent must not currently be establishing residency or receiving benefits in another state, even if that residency is still forthcoming.

Some smart registered agent choices include attorneys, accountants, or other LLC partners, people who understand the ins and outs of business operations.

Pros

• Convenience – Having familiarity and mutual trust with your registered agent is extremely beneficial, and appointing an acquaintance can provide both. Plus, you’ll always know how to contact them.
• Cost – Hiring someone you know often won’t cost a dime. It’s certainly cheaper than a professional service.

Cons

• Scheduling – Part of a registered agent’s duty is being consistently available to receive mailed documents and service of process. If your agent goes on vacation or moves out of state, it will throw a wrench in your plans.
• Punctuality Risks – Some state communications and filings are very time-sensitive. If your agent is unavailable when documents are delivered, it could slow down the entire process and put you at risk for late fees and penalties. Even worse, a friend or family member could lose or misplace a document. So if you’d rather not interrogate Aunt Louise about the location of a particular tax form, you might consider using a registered agent service instead.

Registered Agent Service

If safety and reliability is your goal, hire a registered agent service. A business acting as your registered agent must be either a domestic entity in Arkansas or a foreign entity who has foreign qualified in Arkansas.

Pros

• Privacy – Some documents delivered to your registered agent will contain sensitive information. Do you want details about your lawsuit or taxes lost out there in the world? Definitely not. A friend or family member might misplace these documents, but a professional service will not. Plus, in Arkansas, all registered agent names and addresses are available to the public. This might make an individual uncomfortable, but hiring a company will keep this personal information off the record.
• Reliability – Handling and processing time-sensitive documents is a registered agent service’s specialty, its area of expertise, its main game. Hire a professional service and you can be sure that your filings will be submitted properly and punctually, so you’ll never have to deal with late fees or other penalties.
• Location – Many registered agent companies offer service in most or all 50 states, so if business is booming and you decide to expand outside Arkansas, you won’t need to find a new agent for each state.

Cons

• Cost – There’s no getting around it – hiring a service costs more than appointing an individual who’s willing to do it for free. However, for a reasonable price (roughly $100/year), you’ll receive premium services. Taking your car to a mechanic costs more than letting your neighbor try to fix it, but the mechanic gives you peace of mind that the job will get done right, and that may very well be worth the cost.

All of the other steps in the LLC formation process will keep you busy, but take some time to ensure you find a registered agent that fits with your business model, goals, and values. Do this, and your LLC will reap the benefits for years to come.

Registered Agent Changes and Resignation

You may have a wonderful registered agent, someone who takes care of everything efficiently and who you trust completely. But you know what they say: all good things must come to an end. At some point in the life of your LLC, you may need to change your Arkansas registered agent.

There are two ways to make this change – you can do so online or by mailing/hand-delivering a Notice of Change of Registered Agent to:

Office of the Secretary of State

1401 W. Capitol, Suite 250

Little Rock, AR, 72201

Whether filing online or on paper, there is no fee to change your registered agent.

There’s a whole range of reasons that you might need to make this change, but the most probable is that your current agent has resigned.

Arkansas agents aren’t required to notify their companies before resigning, and though your agent’s departure might come as a surprise, you won’t be left high and dry. The resignation won’t officially take effect until the 31st day after it’s filed, so you’ll have a month to find a replacement.

But don’t wait too long because any LLC that goes more than 60 days without an agent on file can be administratively dissolved.

Have Questions or Concerns?

This guide contains almost everything there is to know about Arkansas registered agents. However, you might have a unique situation that requires additional information. Reaching out to the Arkansas Secretary of State is easy, and they’ll have the answers you need. Here’s how to go about it:

Visit Their Website

Head over to the Secretary of State website and you’ll find a lot of great information on not just registered agents, but the entire LLC formation process. You might find this FAQ page especially helpful.

Give Them a Call

If you’d prefer to call, reach out to their Little Rock office at (501) 682-1010.