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Posted By MindyD on 09/07/2008 1:35 AM
I have a question, what is the statuatory agents roll in our HOA and management company?????
Mindy,
Following is some info that might help you. Your Articles of Inc. name the statutory agent for the assn. However, the statutory agent can be changed on the annual report filed each year with the Corp. Commission. Some assn's designate the Board Pres; others designate their property manager and still others designate their attorney. More often than not, the statutory agent is never called upon to perform any actual work for the assn in the capacity of statutory agent.
"Arizona Statutory Agent Requirements
The state of Arizona requires that every business entity retain and maintain an in-state statutory agent. The term “statutory agent” is interchangeable with the terms “resident agent” and "registered agent" used by other states. The purpose of an Arizona Statutory Agent is to provide a legal, physical address where:
1)persons are available during normal business hours to facilitate legal service of process* in the event of a legal action or lawsuit; and
2) state government can send official documents required each year for tax and legal purposes, such as tax notices and annual report notices.
If a business fails to maintain a statutory agent in Arizona its legal status will be revoked and it will no longer be considered in “good standing”."