Do I need a lawyer to Form a LLC in Arkansas? |
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The short answer is no.
The state of Arkansas does not legally require a lawyer to form an
Arkansas Limited Liability Company (LLC).
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The short answer is no.
The state of Arkansas does not legally require a lawyer to form an
Arkansas Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming an Arkansas LLC.
However, if there is anything about Forming a LLC in Arkansas
that you're not sure about you should seek the advice of a competent Arkansas lawyer, an Arkansas accountant,
or an Arkansas Business advisor before you form a LLC in Arkansas.
Once you have made the decision to Form a LLC in Arkansas, an Arkansas 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
Arkansas Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Arkansas?
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You are not legally required to reserve a Company Name for a new Arkansas LLC before you submit your application to
Form a LLC in Arkansas.
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You are not legally required to reserve a Company Name for a new Arkansas LLC before you submit your application to Form a LLC in
Arkansas.
Whether or not you need to reserve a company name for your new Arkansas LLC depends entirely on your business situation.
The Arkansas 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 Arkansas Company Name.
Click here for more information on
Arkansas Company Name Reservation
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What if the Arkansas LLC Name I want is already taken?
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If the Name you have chosen for your new Arkansas LLC is already in use by a currently active
Arkansas Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Arkansas Secretary of State. "DBA" is an abbreviation for "Doing Business As."
In Arkansas a DBA Name is called a Fictitious Name.
We verify that the Name you have chose for your new Arkansas LLC is available before we submit
your new LLC filing to the Arkansas Secretary of State.
If necessary we can register a Fictitious Name in Arkansas for you so that you can open your new Arkansas business as quickly as possible.
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What do I have to do to Form a LLC in Arkansas?
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6 things you have to do in order to Form a LLC in Arkansas.
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6 things you have to do in order to Form a LLC in Arkansas.
1. Choose a name for your Arkansas LLC
2. Select an official address and a Registered Agent for your Arkansas LLC
3. Determine who will be Members and who will Manage your Arkansas LLC
4. Determine how you want your Arkansas LLC to be taxed
5. File Articles of Organization with the Arkansas Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Arkansas LLC
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Your Arkansas 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 Arkansas LLC name that you choose must be distinguishable from the name of any other registered Arkansas LLC or other
registered Arkansas business entity, such as a Arkansas Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Arkansas.
Your Arkansas LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Arkansas LLC name must not be a name that is likely to mislead the public.
The name of an Arkansas 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 Arkansas LLC because if you want to change it after you
Form a LLC in Arkansas you
will have to file amended Articles of Organization with the Arkansas Secretary of State (and pay a fee).
We will:
- Check to make sure that your Arkansas LLC name is available
- Make sure your Arkansas LLC name conforms to state of Arkansas regulations
- Reserve your Arkansas LLC name with the Arkansas Secretary of State
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2. Select an official address and a Registered Agent for your Arkansas LLC
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Every Arkansas LLC must have an address that is physically located in the state of Arkansas.
This address is "registered" with the Arkansas 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 Arkansas to receive all correspondence on behalf of the Arkansas
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Arkansas LLCs hire a Registered Agent because they don't have a physical
address within the state of Arkansas or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Arkansas LLC.
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3. Determine who will be Members and who will Manage your Arkansas LLC
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The owners of an Arkansas LLC are called Members - not Partners or Shareholders.
(a Arkansas Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Arkansas LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Arkansas LLC must have at least one Member.
Members need not live in the state of Arkansas or be citizens of the United States.
Managers are responsible for the day to day operation of the Arkansas LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Arkansas LLC.
Management for your Arkansas 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 Arkansas LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Arkansas 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 Arkansas LLC is created.
If a single Member Arkansas LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Arkansas 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 Arkansas LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Arkansas Secretary of State
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An Arkansas Limited Liability Company is a type of business that is authorized by the state of Arkansas - not by the federal government.
In order to form a LLC in Arkansas you must file Articles of Organization with the Arkansas Secretary of State.
The Articles of Organization must include certain specific information about your Arkansas LLC.
If the Articles do not conform exactly to state of Arkansas requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Arkansas LLC but you will have to pay a fee to the state of
Arkansas in order to make the changes official.
- We can prepare and file your Articles of Organization with the Arkansas 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 Arkansas LLC.
All Arkansas 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 Arkansas 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 Arkansas LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Arkansas 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 Arkansas 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 Arkansas LLC as soon as it is approved by the Arkansas Secretary of State.
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What do I have to do after I form my Arkansas LLC? |
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5 things you have to do after you Form a LLC in Arkansas.
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5 things you have to do after you Form a LLC in Arkansas.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Arkansas for your AR LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Arkansas LLC reports
5. Keep proper records of your Arkansas LLC on file
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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 Arkansas 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 Arkansas 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 Arkansas 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 Arkansas, if you plan to form a multiple Member Arkansas 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 Arkansas LLC grows over time, you may amend your Operating Agreement as necessary.
When your Arkansas 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 Arkansas.
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2. Open a Business Bank Account in Arkansas
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It's very important that you have a separate business bank account for your Arkansas 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 Arkansas Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Arkansas 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 Arkansas LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
An Arkansas 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 Arkansas LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Arkansas LLC vary depending on your business activities
and the specific locations within the state of Arkansas in which you want to conduct business.
If your Arkansas LLC will be selling products in Arkansas you may be required to obtain a Reseller's Permit from the appropriate
Arkansas state agency.
If your Arkansas LLC will be selling products in Arkansas you will also be responsible for all applicable local and state of Arkansas
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 Arkansas LLC package.
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4. File the required Arkansas LLC reports
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Each Arkansas LLC must file a with the Arkansas Secretary of State.
The Arkansas includes basic information about your Arkansas LLC.
Failure to submit a properly completed Arkansas to the Arkansas Secretary of State on or before the
due date may subject the Arkansas LLC to being administratively dissolved in the state of Arkansas or having its authority to
transact business in the state of Arkansas revoked by the Arkansas Secretary of State.
Penalties may accrue if you fail to file any Arkansas LLC to the Arkansas Secretary of State
by the due date.
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5. Keep proper records of your Arkansas LLC on file
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Keep the following records on file and available at the principal business office of your Arkansas LLC:
- Names and addresses of all Members and Managers of the Arkansas LLC
- Articles of Organization for the Arkansas LLC and any Amendments to them
- Copies of all tax returns and reports for the Arkansas LLC for the last 3 years
- If the Arkansas 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 Arkansas LLC
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What information do I need in order to Form a LLC in Arkansas? |
In order to Form a LLC in Arkansas you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Arkansas LLC's Registered Agent.
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In order to Form a LLC in Arkansas you'll need the following information about your new Company:
- The name of your new Arkansas 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 Arkansas (not a PO Box)
- Name and address of your Arkansas Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Arkansas LLC
- Who is going to manage the day to day operation of your Arkansas LLC
You do not have to name the Members of a
Arkansas LLC in the Articles of Organization.
While you are not required to name the Members of a new Arkansas LLC you still may include Member information with your initial
Arkansas LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Arkansas 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 Arkansas.
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How long does it take to Form a LLC in Arkansas? |
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Processing times for new Arkansas LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Arkansas Articles of Organization takes the state around 10 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 Arkansas LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE ARKANSAS SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Arkansas Secretary of State.
In our experience 10 business days is the time it usually takes the Arkansas Secretary of State to process
a new Arkansas LLC application.
We get your Arkansas LLC application to the AR Secretary of State ASAP. Once it is at the state we have no control over the new Arkansas LLC application process.
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Are there any Expedited Processing Options for new AR LLC Filings?
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The Arkansas Secretary of State does not offer any expedited processing options for new Arkansas LLC filings.
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How much does it cost to Form a LLC in Arkansas? |
The state of Arkansas charges $57.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the AR Secretary of State.
If you choose All Business Documemnts to help you form your LLC in Arkansas, our processing fees are $125.00.
We start processing your new Arkansas 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 Arkansas Secretary of State
- Certified Copies of Articles
- Arkansas LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Arkansas Foreign LLC Qualification |
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You want to do business in the state of Arkansas but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Arkansas you must register with the Arkansas Secretary of State as
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You want to do business in the state of Arkansas but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Arkansas you must register with the Arkansas Secretary of State as
an Arkansas Foreign LLC.
The process of registering as a Foreign LLC in the state of Arkansas is called Arkansas LLC Foreign Qualification.
The process of Arkansas LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Arkansas.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Arkansas Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Arkansas Foreign LLC.
Click here for specific requirements for
Arkansas LLC Foreign Qualification.
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