Forming an LLC in Arkansas is a big decision. Before filing the Articles of Organization, you will need to choose a registered agent. In this article, we’re going to walk through what the role of a registered agent is and what your options are as a business owner.
What is an Arkansas Registered Agent & is it Necessary?
Yes, a registered agent is legally required. A registered agent is an individual or service that acts as a go-between with the LLC and the state of Arkansas.
In short, the registered agent assumes statutory responsibilities. He/she must agree to receive and deliver any official communications such as tax or legal documents from the state of Arkansas to the LLC. Furthermore, the registered agent must be consistently available to carry out this responsibility without interruption.
Here’s what the Arkansas Business and Commercial Services Division of the Secretary of State specifically says:
If an LLC does not assign or maintain a resident agent, the LLC risks being named non-compliant. This could lead to a loss of “good standing” with the state.
What are the Requirements of a Registered Agent?
Aside from carrying out the statutory responsibilities defined above, a registered agent must meet the following requirements:
- The agent must be an individual resident of the state of Arkansas or a corporation authorized for business in Arkansas.
- The agent must have a physical address in Arkansas.
- The agent must have a mailing address in Arkansas. It cannot be a PO Box.
- An LLC cannot act as its own registered agent in Arkansas.
For reference, here is a screenshot of what information is required on the Arkansas Articles of Organization:
Who can be a Registered Agent in Arkansas?
The registered agent can be either an individual or a professional service. Here are the pros and cons of each option.
As mentioned above, if using an individual as your registered agent, the individual must be a resident of Arkansas.
This means that the individual cannot be in the process of establishing residency in another state, territory, or country or receiving benefits while claiming residency in another state, territory, or country.
Otherwise, the individual can be an attorney, accountant, or even a friend or family member. In the state of Arkansas, you can even serve as your LLC’s registered agent. Simply add the person’s name and address to the Articles of Organization.
- Convenience – Using someone you know saves the time of searching for a registered agent service. The individual is probably also someone that you trust.
- Cost – The cost will likely be much lower than using a service, perhaps even free.
- Inconvenience – The individual who acts as registered agent is required to be available without interruption. She/he may not put a hold on mail. This might make vacations a bit tricky.
- Risk that documents are not delivered in timely manner – If using an attorney, for example, you may be risking that she/he is away from the office at the time of delivery. This leaves open the possibility that the document is put in other hands, possibly slowing the process. If using a friend or family member, you run the risk of having documents misplaced or even ignored. Personal and work lives often have many distractions. For example, if quarrelling with Aunt Louise over a late or missing tax document worries you, a registered agent service may be a better option.
Registered Agent Service
If a service is acting as registered agent, it must be a business, professional, or non-profit corporation. It cannot be an LLC, LLP or LP. Registered agent services provide this type of assistance. The service’s name and address must be included on the Articles of Organization.
- Privacy – If documents regarding a sensitive issue such as a lawsuit are being delivered, the service provides a cushion of privacy between your business and the public. In addition, the address of the service, not your business (or family member or friend) is public record. This means that marketing materials or junk mail will be sent to the service, not to the LLC.
- Reliability – The registered agent needs to be available during regular business hours – all business hours. Using a service might provide a measure of comfort knowing that important documents will not slip through the cracks (as long as you use a reputable service). After all, receiving and delivering important and time-sensitive documents is what the service is experienced doing.
- Location – An LLC is not required to maintain a physical presence in the state of Arkansas. The LLC may also do business in various states. Many services have you covered by providing that presence in multiple or even 50 states.
- Cost – Using a service is going to cost you more than using an individual. Still, having the peace of mind that important documents are being handled by a professional service may be worth it.
- Unfamiliarity – Using an individual usually means using someone you know and trust. With an unknown entity there is always a risk of unsatisfactory service. Of course, this is what reviews are for!
Finding a registered agent that is the right fit for your LLC may be one of many tasks when setting up your LLC, but one that is essential to running your business efficiently.
How to get a Free Registered Agent in Arkansas
The most cost effective way to get a free registered agent in Arkansas is to use a professional LLC service that also offers a free registered agent service.
How it Works
Simply hire a service like IncFile and Northwest Registered Agent to form an Arkansas LLC. As part of their package, they’ll include a free registered agent service and list their address on the Articles of Organization instead of yours.
All you pay for is the $45-50 Arkansas state LLC formation fee + $49 or $79 service fee.
This will remove all registered agent responsibilities off your plate, take care of LLC formation paperwork and provide you with an online dashboard to keep track of things that come up in regard to your LLC in Arkansas.
How to Change Your Arkansas Registered Agent
If you need to change your current registered agent in Arkansas, you’ll need to file a “Statement of Change of Registered Agent” either online or by mail. You can download this form on the Forms/Fees page of the S.O.S. Business and Commercial Services site. Here’s how to complete it.
- Under “Mark Entity Type,” check Limited Liability Company
- Enter your LLC name
- Provide your former registered agent’s address
- Then, provide your new registered agent’s address
- Provide the names of your former and future registered agents
- Sign and date the form
To submit via postal mail, send your completed form to:
Office of the Secretary of State
1401 W. Capitol, Suite 250
Little Rock, AR, 72201
Even though filing by mail is effective, filing online is the more efficient option. An online form will require the same information, so have it handy when you start the process. What’s nice is that filing this form is completely free whether you do so by mail or online.
There’s a third option for changing your registered agent, and it’s to amend your Articles of Incorporation, which you can either do online or by filing a “Certificate of Amendment.” But there’s a $25 fee to file this form, so you should only go this route if you’re already filing a Certificate of Amendment for some other reason.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? You’re good to go. Typical processing time for applications submitted by mail is 2 days. For applications submitted online, it’s only 24 hours.
Have Questions or Concerns?
If you’d like to talk to the state directly about your questions or concerns, it’s easy!
Visit Their Website
Visit the Business and Commercial Services Division of the Arkansas Secretary of State for more information about registered agents in the state of Arkansas. They have a great FAQ regarding what to do if you change resident agents and much more you should be aware about.
Give Them a Call
If you’d prefer to call, reach out to their Little Rock office at (501) 682-1010.