Get an Arkansas Registered Agent

Before forming a limited liability company (LLC) in Arkansas (or a business corporation or another registered business type), you need to designate a registered agent. Learn what the registered agent is, their job duties, and the requirements to be one.

What is an Arkansas registered agent?

A registered agent is an individual or company that receives important legal documents and certain state correspondence on behalf of a business.

If you’re navigating state-related pages online, you’ll probably encounter the terms “commercial registered agent” and “noncommercial registered agent.” While those terms might sound complicated, they’re actually pretty straightforward roles, both fulfilling the statutory requirement for a registered agent. A commercial registered agent is a business that offers its registered agent service as a paid service. A noncommercial registered agent is privately appointed.

Aside from that nuance, commercial and noncommercial registered agents are identical. In this guide, we’ll use the term “registered agent” to refer to either role (unless there is a specific requirement that applies to one agent type and not the other).

What does an Arkansas registered agent do?

The requirements of a registered agent are found in the Arkansas Code. These statutes say all registered businesses must have and continuously maintain a registered agent. The agent must be available at their listed address during normal business hours to accept any service of process, notice, or demand pertaining to the entity and then forward it to the appropriate individuals within the business.  

This position is vital because it ensures that the correct people within a business are notified in the event of time-sensitive events such as service of process for lawsuits, garnishment notices against employees, notice of annual reports, and/or notifications of taxes.

Who can be a registered agent in Arkansas?

The requirements to be a registered agent in Arkansas include:

• Being an individual resident of Arkansas, a registered domestic business entity, or a foreign (out-of-state) business entity authorized to do business in Arkansas and with an office in the state.
• Having a physical address (often referred to as a registered office) in the state of Arkansas.  This can be the actual address of the business, the address of a registered agent service, or the home address of an owner, friend, or family member, as long as it’s in the state. The office of the registered agent does not have to be the same as the business address, but P.O. boxes and mailbox services are not allowed. 
• 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 notice of a lawsuit filed against the business entity. 

Can I be my own Arkansas registered agent?

You can be your own agent as long as you are a resident of the state and are generally available during business hours.

Benefits of Using Arkansas Registered Agent Services

Having a registered agent service offers significant benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing is missed. They give you peace of mind to go work around town and travel without worrying about being in the office to receive your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

Importantly, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whomever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How much does it cost for a registered agent in Arkansas?

The cost of a registered agent in Arkansas depends on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars a year, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

If you need to change your registered agent in Arkansas, you’ll use the “Notice of Change of Registered Agent Information” form. This form has no filing fee.

How to Change a Registered Agent in Arkansas

Changing your registered agent in Arkansas requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet the Arkansas requirements for registered agents.

After you’ve got your new agent lined up, it’s time to file the paperwork. Arkansas provides the “Notice of Change of Registered Agent” form for this change, which can be filed online through the Corporations Online Filing System or a paper version of the form. No matter which version you file, you’ll be asked to provide some information about your business, your former agent, and your new agent. There is no filing fee for this form. Once the filing is processed, your new agent will be on file.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be an Arkansas resident or a business authorized to conduct business in Arkansas, have a physical street address in the state, and be available during business hours.

Arkansas Secretary of State Contact Information

Resignation of Arkansas Registered Agent

In Arkansas, the resignation process is slightly different for commercial or noncommercial registered agents. Generally speaking, though, it’s similar: filing resignation paperwork, notifying the business (or businesses) about the resignation, and waiting for a replacement to be appointed. Let’s walk through the nuances of each resignation type.

Steps to Remove a Noncommercial Registered Agent

1. Notify the business: Technically, Arkansas state law doesn’t require you to notify your business in advance of your resignation; you have to notify them immediately after filing your resignation paperwork. But it’s recommended that you send them a notice that you plan to resign in advance if you can. Not only is this a professional courtesy, but it helps streamline the resignation process because the notice will help them appoint a replacement agent sooner rather than later.
2. Submit your resignation: Draft a statement of resignation (the state doesn’t provide a premade form) and deliver it to the Secretary of State. The statement should include your name, the business name, a statement that you’re resigning, your signature, and the address where you will send (or have sent) notice about the resignation. The resignation goes into effect on the 31st day after filing or as soon as the business appoints a replacement.
3. Hand off your responsibilities: Help the business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.

Steps to Remove a Commercial Registered Agent

1. Notify the business: Arkansas doesn’t require you to send a written notice before filing your resignation paperwork (you must notify them promptly after filing), but it’s recommended to send advance notice if you can. This is a professional courtesy, but it also helps streamline the resignation process because it alerts the business that it’s time to find a new agent. If you’re resigning from multiple businesses, you’ll have to send notice to each.
2. Submit your resignation: Complete the “Commercial Registered Agent Termination Statement” and deliver it to the Secretary of State. Commercial agents pay a $50 fee with this form. If you haven’t sent notice yet, you’ll need to do so promptly after filing. The resignation goes into effect on the 31st day post-filing or when the business appoints a replacement, whichever is sooner.
3. Hand off your responsibilities: Help your business (or businesses, if resigning from multiple businesses ) transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.