Arkansas Foreign Registration · Registered agent
Who may be the Arkansas agent for a foreign LLC
An LLC registered here has to keep a registered agent who maintains a place of business in Arkansas, and a change of agent on Form DO-03 carries no fee. The address is a street address where the agent can really be found; P.O. boxes and mail drops are out.
Agent rules at a glance
| Question | Arkansas answer |
|---|---|
| Where | A street address in Arkansas; the agent must be located there |
| Not allowed | A post office box or a mail drop |
| Place of business | An agent keeps one inside Arkansas (A.C.A. 4-38-115(c)) |
| Consent | Naming an agent affirms the agent has agreed to serve |
| Change | Form DO-03, no fee |
| Governing law | A.C.A. 4-20-101 et seq. |
Who can be the agent
The Secretary of State describes the registered agent as the person or entity designated to receive service of legal action or official communications, and says many companies use an attorney or a professional service company. The Code does not require a company to use a professional: the requirements are the in-state place of business, the street address and the agent's consent.
The address rule in practice
The street address requirement is repeated in the Secretary of State's FAQ and in the franchise tax report instructions. Both rule out P.O. boxes and mail drops. A registered agent is, in the FAQ's phrase, the mailbox for the company, so the address has to be one where someone can take the papers.
Changing the agent
An LLC changes its agent or the agent's address under the Code's section on changes (A.C.A. 4-38-116), using Form DO-03, the Notice of Change of Registered Agent. It can be filed either way, and the Secretary of State lists no fee for either route. A Notice of Change of Principal Office Address and one for the foreign address also carry no fee. If the annual report shows an agent different from the record, that is treated as a statement of change ().
When the agent resigns
An agent may resign whether or not the company is in good standing. The resignation becomes effective 31 days after filing, or earlier if the company names a replacement (A.C.A. 4-38-117(b)). The company should therefore name a replacement before that day, since having no agent is itself a ground for terminating the registration.
Having no agent
A company with no agent, or whose agent cannot be located, can be served by the route the Code provides for that case (A.C.A. 4-38-913(c) points to section 4-20-113), and it risks losing its registration: the Secretary of State may terminate it when no agent is kept or an agent change goes unreported for 30 days (A.C.A. 4-38-910(a)(4)). Termination takes effect at least 60 days after notice, and the company can cure before then.
On an order with us
We can act as your Arkansas registered agent, or you can keep your own. Either way the name and street address go on Form FL-01, and a later change is a no-fee notice that we can prepare. The agent must agree to serve before we name them. Our fee for the original filing is $199.
A checklist before you name an agent
- Does the agent have a place of business in Arkansas, and is it a real street address?
- Will someone be there to receive papers?
- Has the agent agreed in writing to serve?
- Does the agent know to forward anything from the Secretary of State, including franchise tax notices?
- Do you have a way to learn if the agent moves or resigns?
An agent who fails the first three puts the registration at risk, because the Code allows termination when no agent is kept or a change goes unreported.
Registered agent: first year included, then $149 a year
$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Serving as the Arkansas agent
Is it permissible to serve as agent for my own company?
Only if you have a place of business in Arkansas and are located at the street address given.
Does the change cost anything?
The Secretary of State lists Form DO-03 at no fee, online or on paper.
Can my agent live outside Arkansas?
No. An agent needs a place of business inside Arkansas and must be at the listed street address.
Is a lawyer required as agent?
No. The Secretary of State notes that many companies use an attorney or a service company, but does not require it.
Our fee and the Arkansas fee
Register in Arkansas
+ $270 Arkansas fee
- Form FL-01, Application for Certificate of Registration of Foreign Limited Liability Company, filed online at the lower fee
- Your home state's certificate of existence, ordered for the filing
- An Arkansas registered agent: ours, or the one you already have
- The filed certificate of registration, sent to you with your first franchise tax date
- Renewal: after the first year, the agent service renews at $149 a year
$199
Arkansas
Start my Arkansas filingWe show our fee and the Arkansas fee as two lines at checkout. The Arkansas fee passes through at cost. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Working in Arkansas?
File through us and your company pays the online rate while we handle the certificate, the application and the agent.