Document Type

Article

Publication Date

January 2008

Abstract

The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals, consolidates provisions regarding service of process and registered agents for a wide variety of Arkansas businesses. This article provides an overview of the essential provisions of the Act and its effects on business entities, agents, and third parties. Additionally, it offers a brief assessment of how the provisions change prior law. The Act is much more extensive than the business entity statute provisions it replaced. The provisions of the Act address commercial agents, duties of agents, jurisdiction and venue, and provide detailed rules for service of process when a registered agent cannot be served with reasonable diligence. A substantive set of new provisions in the Act relate to the concept of the “commercial registered agent.” The Act also contains an important provision that has no precursor under Arkansas law, which gives a specific recitation of a registered agent’s duties, regardless of whether an agent is a commercial registered agent. The main benefits of this Act are that the rules are now consistent, thorough, and collected in a single place, making Arkansas law more clear and simple for both businesses and persons needing to obtain service over them.

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