- Matthew McCabe
How Does a Statutory Agent Resign?
A Statutory Agent is an individual or a business entity that a corporation or LLC appoints for the purpose of accepting service of process (lawsuit papers or legal documents) for the corporation or LLC. For more information on a statutory agent see this post. A statutory agent of any corporation or LLC may resign.
For a statutory agent of an LLC to resign they must file a signed statement of resignation with the Arizona Corporation Commission. Specific statutory requirements must be included in the resignation form. This includes:
The name of the company or foreign company;
The name of the statutory agent;
That the statutory agent resigns from serving as the statutory agent for the company or foreign company; and
The address of the company or foreign company to which the statutory agent will send the notice.
See A.R.S. § 29-3117.
The statutory agent must also promptly furnish the limited liability company notice in a record of the date on which the statement of resignation was filed.
The statement of resignation does not take effect immediately when it is filed. Instead, it takes effect on the earlier of either (1) the thirty-first (31) day after the day on which the statement of resignation is filed with the Arizona Corporation Commission; or (2) the designation of a new statutory agent for the limited liability company.
After the statement of resignation takes effect, the statutory agent ceases to have responsibility to the LLC under the Arizona Limited Liability Act (A.R.S. § 29-301 et seq.). However, there may still be contractual rights or other legal rights the company has against the statutory agent.
Furthermore, a statutory agent can still resign from an LLC even if the company is not in good standing with the Arizona Corporation Commission. As of this writing, there was no fee required for filing a statement of registration. More information may be found on the Arizona Corporation Commissions website at www.azcc.gov.
Thunderbird Law, PLLC can assist you with resigning as a statutory agent if needed. Thunderbird Law, PLLC also assists in an assortment of business law needs. This includes forming, terminating, or amending an Arizona limited liability company. Thunderbird Law, PLLC may also act as a statutory agent for limited liability companies for a reasonable annual fee. Please contact Thunderbird Law today to assist you with your limited liability company needs at 480-455-3520 or set an appointment here.