There are a number of reasons you might need to change your Arkansas LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in Arkansas might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
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The state of Arkansas has certain requirements about changing your LLC’s registered agent.
To change your registered agent, you must file a “Statement of Change of Registered Agent” with the Arkansas Secretary of State’s office; you can do so online or by downloading and mailing the form.
The Secretary of State’s Business Services FAQ page has some additional information on registered agents, along with a bounty of answers to other important business questions.
You can’t pick just anyone to be a registered agent for your LLC. The state of Arkansas puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in Arkansas must:
* If your registered agent is a foreign business entity, it must be authorized to transact business in Arkansas
In order to change your 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.
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.
Think of your registered agent as a mediator between you and the state of Arkansas, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
A lot of important stuff. Which is why a reliable registered agent is essential to every Arkansas business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a Arkansas small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good Arkansas registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top registered agent services. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness and LegalZoom are two very well known options.
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.
Fortunately, for Arkansas LLCs it is easy.
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.
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.
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:
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.
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:
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.
If you need a fresh start and would like to form a brand new LLC, there are plenty of services that can take care of this for you. ZenBusiness and LegalZoom are two very popular options.
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