Handing over court papers is called service of process. The statutory agent is the person at a known street who takes those papers and gets them to the company. It is not a mailbox and it is not a virtual office. What is a registered agent for an LLC? covers the job in full. This page covers the Ohio and Arizona version.
Statutory agent vs registered agent
They are the same role under a different name. A few states picked their own word:
- Statutory agent in Ohio and Arizona.
- Resident agent in Michigan and Maryland.
- Registered agent in most other states.
If a form in Ohio asks for a statutory agent, give it the name you would give any other state’s registered-agent line. A commercial registered-agent company that serves Ohio is a statutory agent there.
What a statutory agent does
The work is plain and mostly quiet. On most days nothing arrives. The job only matters on the day something does.
- Be findable. Keep the street on the public record current, and be there, or have someone there, during normal business hours. Ohio writes that rule into its statute for a company that serves as agent.
- Take the papers. A process server hands over a summons and complaint. The agent accepts it for the company. The agent does not decide whether the lawsuit is valid.
- Pass them on fast. A lawsuit comes with a deadline to answer. Handing the papers to the agent counts as serving the company, so that deadline can be running before you open the envelope. A slow forward can cost you the case.
- Forward state mail. Notices about annual reports, taxes, and status changes often go to the agent’s address.
If the agent drops any of these, the company pays for it. That is why the choice of agent matters more than the label on the form.
Ohio statutory agent rules
Ohio Rev. Code § 1706.09 says every LLC, and every foreign LLC registered in Ohio, must keep a statutory agent for service of process in the state. The rest of the section sets who can serve and how.
- Who can serve. An Ohio resident who is a natural person. Or a corporation, LLC, partnership, or similar entity with a business address in Ohio.
- Which address. For a person, the street address of the agent’s primary residence. For a company, its usual place of business in Ohio. That place must be open during normal business hours with someone authorized there.
- No post office box. The statute says a usual place of business does not include a post office box, even one with a street address.
- A signed acceptance. The agent signs a written acceptance. The Secretary of State will not accept articles of organization without the appointment and the acceptance.
The residence rule matters if you name yourself. An Ohio person serving as statutory agent lists the street of their primary residence, and it becomes part of the public filing. Can I be my own registered agent? covers that trade.
Resignation has a clock. The agent files a signed notice with the Secretary of State and mails a copy to the company. The agent’s authority ends 30 days after the notice is filed. The company must promptly appoint someone new.
If nobody can be found, Ohio has a backup. When the agent cannot be found, no longer has the listed address, or the company has no agent, the person suing can file an affidavit with the Secretary of State. They deliver four copies and pay a $5 fee. The Secretary of State notifies the company and mails a copy by certified mail. Service is complete at that point, whether or not you saw it. The Ohio scorecard grades the commercial agents there.
Arizona statutory agent rules
Arizona’s LLC rule is A.R.S. § 29-3115. A statutory agent can be an individual who lives in Arizona, or a corporation or LLC from Arizona or one authorized to do business there. The agent must have a place of business or residence in Arizona.
Arizona cares about consent. If the agent did not sign the document that names them, the appointment does not take effect until a record signed by the agent accepting it is delivered to the Arizona Corporation Commission. The Commission’s Statutory Agent Acceptance form (M002) is that record. The form says there is no filing fee for regular processing. The agent signs it, and declares under penalty of perjury that the information is true.
The form says the appointment lasts until the company replaces the agent or the agent resigns, whichever comes first. Arizona’s change rule is A.R.S. § 29-3116. Under the resignation rule, § 29-3117, the agent files a statement of resignation with the Commission and promptly tells the company. It takes effect on the 31st day after the Commission files it, or sooner if the company names a new agent. The Arizona scorecard covers those filings and grades the commercial agents.
| Question | Ohio | Arizona |
|---|---|---|
| Who can serve | An Ohio resident, or an entity with an Ohio business address | An Arizona resident, or a company formed or authorized in Arizona |
| Address | Primary residence street for a person. Usual place of business for a company. No P.O. box. | A place of business or residence in Arizona |
| Consent | Written acceptance filed with the articles | Signed acceptance, such as form M002, before the appointment takes effect |
How to name a statutory agent
- Pick the person or company. You, someone you trust who lives in the state, or a commercial agent. What is a commercial registered agent? covers the paid option. How much does a registered agent cost? covers the price.
- Get the signed acceptance. Both states want the agent’s written consent. A commercial agent will usually sign it for you.
- Put the agent on the formation filing. Then check the public record after it posts.
- Keep it current. If the agent moves, quits, or dies, file a change. How to change a registered agent on an LLC covers the order.
If you register an out-of-state LLC in Ohio or Arizona, you need a statutory agent there too. Foreign qualification covers that filing.
Short answers
Is a statutory agent the same as an agent for service of process?
Yes. Service of process is the delivery of court papers. The statutory agent is the person named to take them. Ohio’s statute calls it a statutory agent for service of process.
Can my LLC be its own statutory agent in Ohio?
The statute lets an LLC with an Ohio business address serve as an agent. Whether your own LLC can serve itself is a question for the Ohio form and the Secretary of State. Most owners name a person or a commercial agent instead.
Does a statutory agent file my annual report?
Not as part of the legal job. Some agent companies sell that as an extra. LLC annual report covers what is due and when.
Sources
Pages below were read October 20, 2026.
- Ohio Rev. Code § 1706.09. Every LLC keeps a statutory agent for service of process. An Ohio resident or an entity with an Ohio business address. Primary residence street for a person. Usual place of business open in normal hours, not a P.O. box. Written acceptance. Resignation effective 30 days after filing. Service on the Secretary of State by affidavit, four copies, and a $5 fee.
- A.R.S. § 29-3115. A statutory agent is an Arizona resident or a qualifying entity, with a place of business or residence in Arizona. The appointment takes effect when a signed acceptance is delivered to the Commission.
- Arizona Corporation Commission, Statutory Agent Acceptance (M002). No filing fee for regular processing. Signed by the agent under penalty of perjury. The appointment lasts until replaced or resigned.
- A.R.S. § 29-3116, as set out on the Arizona scorecard. Changing a statutory agent.
- A.R.S. § 29-3117. A statement of resignation filed with the Commission. Effective on the 31st day after filing or when a new agent is designated, whichever is earlier.