An Alaska Registered Agent is an official of an LLC, appointed to receive service of process, legal documents, tax notices, and more. Simply put, the agent works as a point of contact between the state and the LLC and also between the court system and the LLC. A business or person can be appointed as the registered agent.
Once process servers deliver the documents to the registered agent, the court system assumes that the LLC has been notified. For this purpose, and to receive correspondence and certified mail from the state, the registered agent must maintain a physical street address in Alaska.
An Alaska LLC must appoint a registered agent before filing its Articles of Organization with the Alaska Division of Corporations. The state won’t accept the Articles unless the LLC mentions a registered agent. Similarly, it is mandatory for all LLCs to continuously maintain a registered agent in Alaska.
Alaska Registered Agent Requirements And Responsibilities
The registered agent for your Alaska LLC needs to fulfill a few legal requirements to qualify their appointment for the role. The requirements are straightforward and give the LLC plenty of room to appoint a registered agent of its choice.
- An Alaska registered agent must have a physical street address in the state. PO Box addresses or similar aren’t allowed.
- If the agent is a person, he or she should be a resident of the state and capable of accepting legal documents.
- If the agent is a business, it must have permission to do business in the state.
Though businesses can act as registered agents, the term is most relevant for commercial registered agents. These are businesses (LLCs or corporations) that offer their services for a fee. An LLC can’t be its own registered agent.
Another point to note is that the requirements throw a wide enough net. Someone merely qualifying for the role isn’t a big deal. What you really need to look for is the ability of the person or business to handle the responsibilities. This is what forms the key to appointing your LLC’s registered agent. At the minimum, the agent must handle the following responsibilities.
- Maintain a physical street address for the LLC. This is the registered office of the company where service of process and certified mail are delivered.
- Be available at the registered office during normal business hours (9 am to 5 pm).
- Accept the service of process on behalf of the LLC and inform the LLC about it immediately.
- Receive any official mail from the state and inform the LLC.
Who Can Be The Registered Agent – Choices To Make
Now that we understand the requirements and responsibilities of an agent, we should look at who to appoint for the role. While there are several options available, the following are the ones most commonly used:
- You can be your own registered agent.
- You can appoint family members or friends to that role.
- Hire a commercial registered agent.
Hiring a commercial agent in Alaska usually costs somewhere between $100-$300 annually. Being your own registered agent for $0 might seem a more attractive option. Similarly, family members or friends might seem more “trustworthy” for the role. Whatever path you decide, make sure that the agent is dependable and competent enough for the job.
The job of a registered agent is often time-sensitive. An LLC will prefer to be informed as soon as possible if it receives the service of process. Official notifications from the state are similarly important. These things can affect the functioning of the LLC as well as its liability protection.
Being The Registered Agent Yourself (Or Appointing Family/Friends)
Appointing yourself (the organizer of the LLC), other LLC members, family members, or friends can seem like an attractive option. But it is important to remember the responsibilities of the registered agent and to not take them likely. There are possible issues with dependability and privacy that could trouble individuals being appointed as registered agents.
You might be away on a vacation, running errands, or be out of the office for something when service of process arrives. Even if the chances of this happening are low, it is something worth considering.
Privacy forms another part of the equation. The details of the registered agent (e.g. the address) become part of the public record. This means they’re easily available to anyone who’d bother to look for them. The privacy implications of having the address freely available may not sit well with some people.
There is another aspect to consider here – forming a foreign LLC. If you don’t live in Alaska, it won’t be possible to be your own registered agent. Additionally, you may not know anyone in the state well enough to appoint them as the agent. In this situation, hiring a commercial registered agent makes good sense.
Domestic LLCs too hire commercial registered agents. This is often a good option for better convenience, dependability, and logistics. Although, to reiterate, it is possible to be your own registered agent. Just be confident that you can do the job with the responsibility it requires.
Hiring A Commercial Registered Agent In Alaska
Several businesses in Alaska offer their services as registered agents. The exact cost can vary depending on the business and the services offered. However, most of them charge somewhere in the range of $100 to $300 per year.
When selecting a commercial agent, you can go through a web search to see the available options. It is useful to check the details of the registered agent before you hire one. Checking for online reviews or asking previous and/or present clients of the agent for their opinion can be a fruitful approach.
Commercial registered agents can offer a good variety of services. And indeed, you should look for more in the services on offer. At the very least, a commercial RA should offer the following:
- Professional Service
- Discreet Service
How To Change Your Registered Agent In Alaska
Changing the Alaska Registered Agent of your LLC requires filing a Statement of Change with the State of Alaska Division of Corporations, Business and Professional Licensing, Corporations Section. For this purpose, domestic LLCs can file Form 08-492 while foreign LLCs will have to file Form 08-504. The filing fee for either form is $25.
An agent can also file the Registered Agent Notice of Resignation. The form is numbered 08-493 for domestic LLCs and 08-505 for foreign LLCs. Currently, the form is essentially the same for all entities, irrespective of the different numbers. This form too carries a filing fee of $25.
These, and other forms are available on the Forms Section of the Alaska Department of Commerce website.