Statutory agent is an agent designated by law to receive litigation documents and other legal notices for a nonresident corporation. Most businesses that are registered with a state government must have such an agent. The requirements for statutory agents are not the same in every jurisdiction. However, most require both the statutory agent's address and the business entity's address to be located within its jurisdiction. In most states, the secretary of state is the statutory agent for nonresident corporations.
For example, every Arizona entity and every entity that is qualified to do business in Arizona must have and maintain a statutory agent located in Arizona. The purpose of an Arizona statutory agent is to give notice to the public of a person or entity authorized by the company that can be served with legal documents as the agent of the company.
The statutory agent must be one of the following:
- An adult individual who resides in Arizona.
- A domestic company formed under Arizona corporate law.
- A foreign company authorized to transact business in Arizona.
- A limited liability company formed under Arizona law.
- A limited liability company authorized to transact business in Arizona.
The following is an example of a state statute (Arizona) defining statutory agent:
According to A.R.S. § 41-2142 "Statutory agent" means an adult person who has been a bona fide resident of this state for at least three years and has agreed to act as agent for a licensee.