When starting a new business in Alaska, an important detail on your checklist is choosing a registered agent to receive legal paperwork on your behalf should the need arise.
Learn more about the registered agent, how to appoint one, and more here!
Alaska Registered Agent Overview
A registered agent (also referred to as a resident agent or statutory agent in some states) is a person or company designated to be the official point of contact between the government and an Alaska corporation or Limited Liability Company (LLC).
Alaska Registered Agent Requirements
Alaska law, statutes 10.06.150 (corporation) and 10.50.055 (LLC), mandates that registered entities have and continuously maintain a registered agent and office within the state.
Not only is a registered agent required when forming an LLC or corporation, but you must maintain a registered agent to keep the entity in compliance. Besides the requirement of designating a registered agent at the time of formation, the purpose they serve includes:
- Receiving Legal Notices – If the listed registered agent cannot receive legal notices, this lawsuit will still proceed. If a process server is unsuccessful in reaching the company’s registered agent, the court can proceed with the case. This could result in a judgment being placed against the business without the owners’ knowledge.
- Saving the Entity From Penalties and Fees – Failure to maintain a current registered agent can result in penalties and state fees being levied against the entity and, in some cases, the business owners. Once an entity is no longer in good standing with the state, the owners may lose their liability protection and be personally at risk.
- Protecting the Entity From Administrative Closure – Waiting too long to remedy the lack of a registered agent may result in the administrative closure or dissolution of the entity.
Common Questions About Alaska Registered Agents
How is a registered agent appointed in Alaska?
The appointment to appoint a registered agent in Alaska is either initially made in the entity business formation documents (Articles of Organization or Articles of Incorporation) or is updated by filing the Statement of Change form.
Who can serve as an Alaska registered agent?
A registered agent in Alaska can be any state resident 18 years or older, a registered Alaska domestic business entity, or a foreign business entity authorized to do business in the state. An entity may not be its own agent.
The registered agent needs to have a physical street address (often referred to as a registered office or principal office) in the state of Alaska. This can be your home address, the address of a family member, an accountant or attorney, the address of the business, or an Alaska registered agent service. Any physical address in the state may be used, but PO Boxes and mail drop services are unacceptable since someone must be available to sign for documents.
The agent will also need to be available to receive Service of Process on behalf of the business during normal business hours. Service of process refers to delivering legal documents, often a summons, subpoena, or lawsuit filed against a business entity.
Does Alaska require a registered agent?
All corporations (Business, Professional, Non-Profit, Religious, and Cooperative), Limited Liability Companies (LLC), Limited Partnerships (LP), and Limited Liability Partnerships (LLP) doing business in Alaska must have a registered agent.
Sole proprietorships and general partnerships do not need a registered agent.
What does an Alaska registered agent do?
The primary responsibility of a registered agent in Alaska is to accept important legal notices and tax documents and then forward them to the appropriate person in the business.
Should you be your own Alaska registered agent?
Provided one of the members or officers lives in Alaska, acting as your own agent is less expensive than hiring a service. While many businesses take this route, there are a few reasons to consider hiring a service.
Privacy – The registered agent’s address becomes public record and is available for anybody to see. This can be especially concerning if someone is doing business on the side and doesn’t want their employer to know about the business. Also, if the business is sued, the notice will be delivered to the address on file. This could mean employees, customers, or even neighbors witnessing the event. There is also the remote possibility of a vindictive litigant or upset customer showing up at your house.
Availability – Alaska requires the registered agent to be available at the principal address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.
If the Business Expands to Additional Locations – If the business has a physical presence in multiple states (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states. A registered agent will need to be appointed with a physical address in each state.
Due Date Reminders – Registered agent services provide biennial report reminders and updates on any state requirements.
How do you change an Alaska registered agent?
If the registered agent changes, the entity is required to file a change of registered agent.
A Registered Agent can be changed by submitting the Statement of Change Form 08-409 (corporation), 08-492 (LLC), along with the filing fee, to the Alaska Department of Commerce, Community and Economic Development, Division of Corporations, Business, and Professional Licensing.
After submitting the form, the LLC operating agreement or corporation bylaws should be updated with the new registered agent’s address and contact information.
