Before you form a limited liability company (LLC) in Alaska, you’ll need to appoint a registered agent. But what is a registered agent? What are they required to do, and who can be one?
What is an Alaska Registered Agent?
An Alaskan registered agent is an individual or business that serves as the central point of contact to receive important legal documents and state correspondence on behalf of a business. This is required by Section 10.06.150 of the Alaska Corporations statute.
What does an Alaska Registered Agent Do?
The duties and requirements of the registered agent are also found in Section 10.06.150 of the Alaska Corporations statute. These state LLCs will have and continuously maintain a registered agent and office within the state. The agent must be available during normal business hours to accept any service of process, notice, or demand pertaining to the entity and forward it to the appropriate individuals within the LLC. A registered agent is the LLC’s representative for receiving legal paperwork and other important notices.
This position is necessary because it ensures that the correct people within an LLC are notified in the event of time-sensitive events such as service of process for lawsuits, garnishment notices against employees, a notice of annual reports, or notifications of taxes.
Who can be a Registered Agent in Alaska?
The requirements to be a registered agent in Alaska include:
- A resident of Alaska 18 years or older, if an individual. Residency is defined by the state as “being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state.” This means that an individual is not establishing residency or claiming residency outside of the State of Alaska.
- A business may not be its own registered agent. However, a business corporation, professional corporation, or non-profit corporation may act as one. This can include registered agent services and incorporated law firms.
- Having a physical address (often referred to as a registered office or principal office) in the state of Alaska. This can be the actual address of the business; the home address of an owner, friend, or family member; or the address of a registered agent service, as long as it is in the state. The office of the registered agent does not have to be the same as the business address. Post Offices boxes and mailbox services are not acceptable.
- Being available to receive Service of Process on behalf of the business during normal business hours. Service of Process refers to the delivery of legal documents such as a summons, subpoena, or lawsuit filed against the business entity.
Can I be my own Alaska Registered Agent?
You can be your own agent, as long as you are a resident of the state, over 18 years old, and are generally available during business hours.
Should you be your own Alaska Registered Agent?
Short answer? No. This option is okay for some businesses; however, there are several reasons to consider hiring a service to act as a registered agent.
- Availability – A registered agent needs to generally be available at the principal address during normal business hours. This could be a challenge for a business that doesn’t need to keep consistent office hours.
- Annual Notices – Registered agent services provide reminders on the state requirements such as annual report filings. Remembering to file an annual report can be easily overlooked and the agent provides an additional layer of oversight.
- Penalties and Fees – By not continuously maintaining a current registered agent, the LLC may be responsible for penalties and fees, in addition to the potential for administrative dissolution.
How is a Registered Agent Appointed in Alaska?
A registered agent is initially appointed when forming the LLC and is named in the Articles of Organization.
Can a Registered Agent be Changed in Alaska?
A registered agent can be changed by filing the Statement of Change Form 08-409 (Domestic Corporation) or 08-492 (LLC) with the Alaska Department of Commerce, Community, and Economic Development.
Would you like to learn more about starting a business in Alaska? Get in touch today!
Are you already an Alaska small business owner? Find out more about how ZenBusiness can help you manage or grow your Alaska small business!