Statutory Agent Definition

What is a statutory agent?

A statutory agent is an individual or legal entity appointed to accept service of process on a company’s behalf. Most states use the term “registered agent,” but Arizona and Ohio use “statutory agent” to describe this designated representative. Regardless of the term, this agent supplies an in-state address where the company will receive legal notices and service of process.

Statutory Agent Benefits

When an entrepreneur registers to do business, state law requires them to name a registered agent and list their address. In Arizona and Ohio, that requirement changes just a bit; the entrepreneur has to name a statutory agent instead. According to the definition of a statutory agent, the person or entity must be available during business hours at the registered office. When someone sues or summons a company, they will send service of process to its statutory agent. The company’s agent will ensure the company receives the notice, so it can prepare for any legal action that lies ahead. 

Statutory Agent Considerations

A business owner can list themselves as their own statutory agent; however, this approach has several disadvantages. To start, statutory agents are required to be physically present at their address during all regular business hours. Business owners who choose to serve as their own statutory agents will be tied to that address. Hiring a third-party commercial registered agent avoids that scenario. Plus, if that business owner operates in multiple states, that agent service can fill the agent role in multiple states.

What are other names for a statutory agent?

As stated, only Arizona and Ohio use the term “statutory agent.” Other states call the person appointed to receive service of process a:

• Registered agent
• Agent for service of process
• Resident agent

Regardless of the term the state uses, a registered business must have an agent on file for service of process and delivery of government documents (see service of process definition). 

Statutory Agent Responsibilities

What are the notices a statutory agent might receive on a company’s behalf? A statutory agent may receive these types of legal notices and more:

• Service of process for lawsuits
• Annual report reminders
• Official government correspondence
• Legal subpoenas for information
• Court summons
• Wage garnishment requests

A company needs to know about these legal notices ASAP when they occur, so it’s essential for these businesses to choose a reliable statutory agent service in the state where they want to do business.

Recommended:

• Get a Statutory Agent in Arizona
• What Is a Registered Agent?
• Do I Need a Registered Agent?