Do I need a lawyer to Form a LLC in Arizona? |
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The short answer is no.
The state of Arizona does not legally require a lawyer to form an
Arizona Limited Liability Company (LLC).
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The short answer is no.
The state of Arizona does not legally require a lawyer to form an
Arizona Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming an Arizona LLC.
However, if there is anything about Forming a LLC in Arizona
that you're not sure about you should seek the advice of a competent Arizona lawyer, an Arizona accountant,
or an Arizona Business advisor before you form a LLC in Arizona.
Once you have made the decision to Form a LLC in Arizona, an Arizona lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Arizona Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Arizona?
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You are not legally required to reserve a Company Name for a new Arizona LLC before you submit your application to
Form a LLC in Arizona.
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You are not legally required to reserve a Company Name for a new Arizona LLC before you submit your application to Form a LLC in
Arizona.
Whether or not you need to reserve a company name for your new Arizona LLC depends entirely on your business situation.
The Arizona Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Arizona Company Name.
Click here for more information on
Arizona Company Name Reservation
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What if the Arizona LLC Name I want is already taken?
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If the Name you have chosen for your new Arizona LLC is already in use by a currently active
Arizona Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the county recorder in each Arizona county in which you want to do business. "DBA" is an abbreviation for "Doing Business As."
In Arizona a DBA Name is called a Trade Name.
We verify that the Name you have chose for your new Arizona LLC is available before we submit
your new LLC filing to the Arizona Corporation Commission.
If necessary we can register a Trade Name in Arizona for you so that you can open your new Arizona business as quickly as possible.
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What do I have to do to Form a LLC in Arizona?
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6 things you have to do in order to Form a LLC in Arizona.
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6 things you have to do in order to Form a LLC in Arizona.
1. Choose a name for your Arizona LLC
2. Select an official address and a Registered Agent for your Arizona LLC
3. Determine who will be Members and who will Manage your Arizona LLC
4. Determine how you want your Arizona LLC to be taxed
5. File Articles of Organization with the Arizona Corporation Commission
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Arizona LLC
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Your Arizona LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Arizona LLC name that you choose must be distinguishable from the name of any other registered Arizona LLC or other
registered Arizona business entity, such as a Arizona Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Arizona.
Your Arizona LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Arizona LLC name must not be a name that is likely to mislead the public.
The name of an Arizona LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Arizona LLC because if you want to change it after you
Form a LLC in Arizona you
will have to file amended Articles of Organization with the Arizona Secretary of State (and pay a fee).
We will:
- Check to make sure that your Arizona LLC name is available
- Make sure your Arizona LLC name conforms to state of Arizona regulations
- Reserve your Arizona LLC name with the Arizona Secretary of State
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2. Select an official address and a Registered Agent for your Arizona LLC
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Every Arizona LLC must have an address that is physically located in the state of Arizona.
This address is "registered" with the Arizona Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Arizona to receive all correspondence on behalf of the Arizona
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Arizona LLCs hire a Registered Agent because they don't have a physical
address within the state of Arizona or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Arizona LLC.
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3. Determine who will be Members and who will Manage your Arizona LLC
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The owners of an Arizona LLC are called Members - not Partners or Shareholders.
(a Arizona Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Arizona LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Arizona LLC must have at least one Member.
Members need not live in the state of Arizona or be citizens of the United States.
Managers are responsible for the day to day operation of the Arizona LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Arizona LLC.
Management for your Arizona LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Arizona LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Arizona LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Arizona LLC is created.
If a single Member Arizona LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Arizona LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Arizona LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Arizona Secretary of State
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An Arizona Limited Liability Company is a type of business that is authorized by the state of Arizona - not by the federal government.
In order to form a LLC in Arizona you must file Articles of Organization with the Arizona Secretary of State.
The Articles of Organization must include certain specific information about your Arizona LLC.
If the Articles do not conform exactly to state of Arizona requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Arizona LLC but you will have to pay a fee to the state of
Arizona in order to make the changes official.
- We can prepare and file your Articles of Organization with the Arizona Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Arizona LLC.
All Arizona LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Arizona LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Arizona LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Arizona LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Arizona LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Arizona LLC as soon as it is approved by the Arizona Secretary of State.
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What do I have to do after I form my Arizona LLC? |
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6 things you have to do after you Form a LLC in Arizona.
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6 things you have to do after you Form a LLC in Arizona.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Arizona for your AZ LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Arizona LLC reports
5. Keep proper records of your Arizona LLC on file
6. Publish a notice of new LLC filing in a newspaper in the state of Arizona
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Arizona LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Arizona LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for an Arizona LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Arizona, if you plan to form a multiple Member Arizona LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Arizona LLC grows over time, you may amend your Operating Agreement as necessary.
When your Arizona LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Arizona.
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2. Open a Business Bank Account in Arizona
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It's very important that you have a separate business bank account for your Arizona LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Arizona Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Arizona LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming an Arizona LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
An Arizona LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Arizona LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Arizona LLC vary depending on your business activities
and the specific locations within the state of Arizona in which you want to conduct business.
If your Arizona LLC will be selling products in Arizona you may be required to obtain a Reseller's Permit from the appropriate
Arizona state agency.
If your Arizona LLC will be selling products in Arizona you will also be responsible for all applicable local and state of Arizona
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Arizona LLC package.
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4. File the required Arizona LLC reports
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Each Arizona LLC must file a with the Arizona Secretary of State.
The Arizona includes basic information about your Arizona LLC.
Failure to submit a properly completed Arizona to the Arizona Secretary of State on or before the
due date may subject the Arizona LLC to being administratively dissolved in the state of Arizona or having its authority to
transact business in the state of Arizona revoked by the Arizona Secretary of State.
Penalties may accrue if you fail to file any Arizona LLC to the Arizona Secretary of State
by the due date.
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5. Keep proper records of your Arizona LLC on file
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Keep the following records on file and available at the principal business office of your Arizona LLC:
- Names and addresses of all Members and Managers of the Arizona LLC
- Articles of Organization for the Arizona LLC and any Amendments to them
- Copies of all tax returns and reports for the Arizona LLC for the last 3 years
- If the Arizona LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Arizona LLC
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6. Publish a notice of new LLC filing in a newspaper in the state of Arizona
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All Arizona LLCs are required to publish a notice of the filing of their Articles of Organization.
The publication must be in a newspaper of general circulation in the Arizona county in which the Arizona LLC's principal office is located. If the Arizona LLC does not have a principal office in the state of Arizona then the publication must be in the Arizona county where the Registered Agent of the Arizona LLC is located.
Notice of the filing of the Articles of Organization must be published within 60 days after the date on which the Arizona Corporation Commission initially approved the Articles of Organization of the AZ LLC. The notice must be included in three consecutive publications.
You will receive an Affadavit of Publication from the newspaper and you may file it with the AZ Corporation Commission.
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What information do I need in order to Form a LLC in Arizona? |
In order to Form a LLC in Arizona you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Arizona LLC's Registered Agent.
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In order to Form a LLC in Arizona you'll need the following information about your new Company:
- The name of your new Arizona LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Arizona (not a PO Box)
- Name and address of your Arizona Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Arizona LLC
- Who is going to manage the day to day operation of your Arizona LLC
- Names and addresses of each Manager of your Arizona LLC
- Names and addresses of each Memeber of your Arizona LLC
- When your Arizona LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
Remember - ALL the information that you provide when you Form a LLC in Arizona becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Arizona.
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How long does it take to Form a LLC in Arizona? |
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Processing times for new Arizona LLC applications vary depending on the work load of the
Corporation Commission's staff.
We've found that normal processing of new Arizona Articles of Organization takes the state around 10-14 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Arizona LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE ARIZONA CORPORATION COMMISSION PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Arizona Corporation Commission.
In our experience 10-14 business days is the time it usually takes the Arizona Corporation Commission to process
a new Arizona LLC application.
We get your Arizona LLC application to the AZ Corporation Commission ASAP. Once it is at the state we have no control over the new Arizona LLC application process.
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Are there any Expedited Processing Options for new AZ LLC Filings?
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The Arizona Secretary of State posts the processing times for new LLC filings on its website each Monday. The Secretary of State offers expedited processing for an additional $35. This cuts processing time for Arizona LLC filings approximately in half.
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How much does it cost to Form a LLC in Arizona? |
The state of Arizona charges $105.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the AZ Corporation Commission.
If you choose All Business Documemnts to help you form your LLC in Arizona, our processing fees are $125.00.
We start processing your new Arizona LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Arizona Corporation Commission
- Certified Copies of Articles
- Arizona LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Arizona Foreign LLC Qualification |
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You want to do business in the state of Arizona but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Arizona you must register with the Arizona Secretary of State as
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You want to do business in the state of Arizona but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Arizona you must register with the Arizona Secretary of State as
an Arizona Foreign LLC.
The process of registering as a Foreign LLC in the state of Arizona is called Arizona LLC Foreign Qualification.
The process of Arizona LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Arizona.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Arizona Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Arizona Foreign LLC.
Click here for specific requirements for
Arizona LLC Foreign Qualification.
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