Do I need a lawyer to Incorporate 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 Corporation.
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The short answer is no.
The state of Arkansas does not legally require a lawyer to form an
Arkansas Corporation.
Our detailed Incorporation Information page may help you understand some
of the implications of forming an Arkansas Corporation.
However, if there is anything about Incorporating in Arkansas
that you're not sure about you should seek the advice of a competent Arkansas lawyer, an Arkansas accountant,
or both before you Incorporate in Arkansas.
Once you have made the decision to Incorporate 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 Corporation.
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Do I have to Reserve a Company Name before I Incorporate in Arkansas?
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You are not legally required to reserve a Company Name for a new Arkansas Corporation before you submit your application to Incorporate in
Arkansas.
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You are not legally required to reserve a Company Name for a new Arkansas Corporation before you submit your application to Incorporate in
Arkansas.
Whether or not you need to reserve a company name for your new Arkansas Corporation 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 Corporation Name I want is already taken?
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If the Name you have chosen for your new Arkansas Corporation is already in use by a currently active
Arkansas Corporation or LLC, and you still want to use that Corporation 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 Corporation is available before we submit
your Incorporation 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 Incorporate in Arkansas?
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8 things you have to do in order to Incorporate in Arkansas.
1. Choose a name for your Arkansas Corporation
2. Select an official address and a Registered Agent for your Arkansas Corporation
3. Choose a Board of Directors for your Arkansas Corporation
4. Decide who will be Officers for your Arkansas Corporation
5. Determine how you want your Arkansas Corporation to be taxed
6. File Articles of Incorporation with the Arkansas Secretary of State
7. Get a Federal Employer Identification Number (FEIN)
8. Issue Stock Certificates to the Initial Shareholders
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1. Choose a name for your Arkansas Corporation
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Your Arkansas Corporation 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 Corporation name that you choose must be distinguishable from the name of any other registered Arkansas Corporation or other
business entity and the name must also be different from any reserved names on record with the state of Arkansas.
Your Arkansas Corporation name must not imply that it was formed for a purpose other than that stated in your
Articles of Incorporation;
and your Arkansas Corporation name must not be a name that is likely to mislead the public.
The name of an Arkansas Corporation must include the word "Corporation" or
"Incorporated" or an abbreviation of one of these words.
It's important to choose a good name for your Arkansas Corporation because if you want to change it after you incorporate you
will have to file amended Articles of Incorporation with the Arkansas Secretary of State (and pay a fee).
We will:
- Check to make sure that your Arkansas Corporation name is available
- Make sure your Arkansas Corporation name conforms to state of Arkansas regulations
- Reserve your Arkansas Corporation name with the Arkansas Secretary of State
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2. Select an official address and a Registered Agent for your Arkansas Corporation
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Every Arkansas Corporation 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
Corporation is called a "Registered Agent".
You may act as your own Registered Agent, however, many Arkansas Corporations 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 Corporation.
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3. Choose a Board of Directors for your Arkansas Corporation
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All Arkansas Corporations are required to have a Board of Directors.
Directors are the people who will set policies for your Arkansas Corporation and manage the business and its resources.
In the majority of small corporations directors are the owners.
The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors.
The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders.
One of the most important duties of the Board of Directors is electing Officers for your Arkansas Corporation.
The same person may be a Director and an Officer at the same time.
Directors need not be residents of the state of Arkansas or shareholders of the Arkansas Corporation unless the Articles of Incorporation
or Bylaws require it.
Normally Directors for your Arkansas Corporation are elected for a term of one year.
Elections are held at the annual meeting of Shareholders.
The Directors serve until the next annual Shareholders meeting.
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4. Decide who will be Officers for your Arkansas Corporation
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The Board of Directors elects Officers for your Arkansas Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.
Officers serve at the pleasure of the Board of Directors of the Arkansas Corporation.
Officers handle the day to day operation of the Arkansas Corporation.
Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Arkansas Corporation
the same person may hold more than one Corporate Office at the same time.
However, there are certain legal affairs in which the same person cannot act in more than one capacity.
One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings
and for authenticating records for the Arkansas Corporation.
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5. Determine how you want your Arkansas Corporation to be taxed
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The Arkansas Corporate Income Tax Rate is variable depending on the annual net income of the Arkansas Corporation.
Arkansas Corporate Income Tax Rates vary from 1 to 6.5%.
You may form an S Corporation in Arkansas.
S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable
personal rate.
S Corporations do not pay any Arkansas Corporate Income Tax.
Domestic corporations and all foreign corporations doing business in Arkansas are subject to tax on net income at the following rates:
- First $3,000 1%
- Next $3,000 2%
- Next $5,000 3%
- Next $14,000 5%
- Next $75,000 6%
- Over $100,000 6.5%
Arkansas Corporations must also pay a Franchise Tax.
The Arkansas Franchise Tax is calculated by multiplying the number of outstanding shares by the par value (if no par stock, $25 is used) of those shares, then multiplying by 0.0030.
Arkansas Corporations without stock must pay an annual tax of $300 regardless of valuation.
The minimum Arkansas Franchise Tax is $150.
Click here for more Arkansas Corporate Tax Information .
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- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Arkansas Corporation and include it with
your Incorporation documents.
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6. File Articles of Incorporation with the Arkansas Secretary of State
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In order to form a Corporation in Arkansas you must file Articles of Incorporation with the Arkansas Secretary of State.
The Articles of Incorporation must include certain specific information about your Arkansas business. If the Articles do not conform exactly to state of Arkansas requirements they will be rejected.
You may subsequently amend the Articles of Incorporation for your Arkansas Corporation but you will have to pay a fee to the state of
Arkansas in order to make the changes official.
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7. 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 Corporation.
All Arkansas Corporations are required to have an FEIN.
- We can obtain an FEIN for your Arkansas Corporation.
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8. Issue Stock Certificates to the Initial Shareholders
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Corporate stock is evidence of ownership of a Arkansas Corporation.
When you form your Arkansas Corporation, you will need to determine what type of stock and the number of shares of each type that
you want to authorize.
You do not have to sell the number of shares that are authorized.
Many small Arkansas Corporations hold 100% of the shares.
Stockholders in a Arkansas Corporation are entitled to voting rights or dividends of the Corporate profits or both.
Whoever owns over 50% of the stock of the Arkansas Corporation is able to make all Corporate business decisions.
Arkansas Corporations usually hold at least 51% of the corporate stock in order to retain control of the Arkansas Corporation.
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What do I have to do after I form my Arkansas Corporation? |
6 things you have to do after you Incorporate in Arkansas.
1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
2. Open a Business Bank Account in Arkansas for your AR Corporation
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. Hold Meetings of Shareholders and Directors of each year.
5. File the required Arkansas Corporation reports
6. Keep proper records of your Arkansas Corporation on file
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1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
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The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.
Bylaws are the internal rules of your Arkansas Corporation.
They are adopted by the Board of Directors and vary widely from Corporation to Corporation.
Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and
Shareholders are to be conducted; what Officers the Arkansas Corporation will have and a description of each of their duties.
As your company grows over time, you may amend your bylaws as necessary.
Bylaws generally cannot be amended by the Board of Directors unilaterally.
A vote by the majority of Stockholders of the Arkansas Corporation is usually required to amend the Corporate Bylaws.
Bylaws may include any rules for managing the business and conducting corporate affairs.
Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Arkansas law or
the Arkansas Corporation's Articles of Incorporation.
A copy of the Corporate Bylaws should be maintained at the Corporation's principal Arkansas office.
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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 Corporation.
Mixing personal and business funds can 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.
Specific requirements vary from bank to bank.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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- We can research and prepare the necessary forms for your required business licenses and permits and include
them in your Arkansas Incorporation package.
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Note that forming an Arkansas Corporation doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
An Arkansas Corporation merely creates an ownership structure that limits the owners' 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 Corporation you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Arkansas Corporation 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 Corporation 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 Corporation 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.
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4. Hold Meetings of Shareholders and Directors of each year.
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Every Arkansas Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting
on file.
A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.
The minutes of each meetings must be open for inspection by any Shareholder or Director.
This meeting requirement is often overlooked and comes into play when the Arkansas Corporation is challenged for any reason.
Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your
Arkansas Corporation a lot of potential trouble.
- We can transcribe the minutes of any meeting of your Arkansas Corporation into a form that complies with all
state of Arkansas requirements.
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5. File the required Arkansas Corporation reports
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Every Arkansas Corporation is required to file a Corporation Annual Franchise Tax Report with the Arkansas Secretary of State EACH year.
The Arkansas Corporation Annual Report is part of the AR Corporation Annual Franchise Tax Report and is due at the Arkansas Secretary of State by May 1 EACH year. | If an Arkansas Corporation does not file its Annual Franchise Tax report by the due date the Arkansas Secretary of State will impose late filing fees on the Arkansas Corporation.
Interest will accrue on the late filing fee imposed by AR Secretary of State on the Arkansas Corporation. |
The Arkansas Corporation Annual Franchise Tax Report includes basic information about your Arkansas Corporation including
information on your Directors and Officers.
Failure to submit a properly completed Arkansas Annual Franchise Tax Report to the Arkansas Secretary of State on or before the
due date may subject your Arkansas Corporation 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.
In addition,
penalties may accrue if you fail to file any Arkansas Corporation Annual Franchise Tax Report to the Arkansas Secretary of State
by the due date.
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6. Keep proper records of your Arkansas Corporation on file
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Keep the following records on file and available at the principal business office of your Arkansas Corporation:
- Names and addresses of all Directors and Officers of the Arkansas Corporation
- Articles of Incorporation for the Arkansas Corporation and any Amendments to them
- Corporate Bylaws for the Arkansas Corporation and any Amendments to them
- List of current shareholders of the Arkansas Corporation.
If shareholders change, keep a record of old shareholders and how stock was transferred.
- Minutes of all Meetings of Shareholders and Directors
- Copies of any Corporate Resolutions which have been adopted by the Arkansas Corporation
- Copies of all tax returns and Annual Reports for the Arkansas Corporation for the last 3 years
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What information do I need in order to Incorporate in Arkansas? |
In order to Incorporate in Arkansas you'll need certain specific information about your new Company
including the Corporation name and address; and Registered Agent information.
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In order to Incorporate in Arkansas you'll need the following information about your new Company:
- The name of your new Arkansas Corporation along with your second choice of a name in case the name that you want is not available
- Physical addess of the Corporation 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 the Arkansas Corporation
- Names and addresses of the initial Directors of the Arkansas Corporation
- The number of shares of stock that the Arkansas Corporation will be authorized to issue
- The par value of the shares which the Arkansas Corporation will be authorized to issue
Remember - ALL the information that you provide when you Incorporate 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 new Corporation in Arkansas.
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How long does it take to Incorporate in Arkansas? |
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Processing times for new Arkansas Corporation 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 Incorporation 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 Corporation application.
We get your Arkansas Corporation application to the AR Secretary of State ASAP.
Once it is at the state we have no control over the new Arkansas Corporation application process.
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Are there any Expedited Processing Options for new AR Corporation Filings?
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| The Arkansas Secretary of State does not offer any expedited processing options for new Arkansas Corporation filings. |
How much does it cost to Incorporate in Arkansas? |
The state of Arkansas charges $50.00 to Incorporate in AR.
This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the AR Secretary of State.
If you choose All Business Documemnts to help you Incorporate in Arkansas our processing fees are $125.00.
We start processing your new Arkansas Corporation order as soon as we get it.
Total cost includes:
- AR Name Check and Reservation
- Prepare Articles of Incorporation
- File Articles of Incorporation with the Arkansas Secretary of State
- Certified Copies of Articles
- Arkansas Corporation Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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What is a Arkansas Professional Corporation? |
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of Arkansas then you will
most likely need to form a Arkansas Professional Corporation.
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of Arkansas then you will
most likely need to form a Arkansas Professional Corporation.
Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional
Corporation with the Arkansas Secretary of State.
Depending on exactly what it is that you want to do in Arkansas, approval from a specific Arkansas state agency or board may be required before the AR Secretary of State will approve a new
Arkansas Professional Corporation filing.
This could add to the total processing time for a new Arkansas Corporation.
Click here for more information on an
Arkansas Professional Corporation.
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Arkansas Foreign Corporation Qualification |
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You want to do business in the state of Arkansas but are registered as a Domestic Corporation 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 Corporation 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 Corporation.
The process of registering as a Foreign Corporation in the state of Arkansas is called Arkansas Corporation Foreign Qualification.
The process of Arkansas Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Arkansas.
Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Arkansas Foreign Corporation.
The Board of Directors and Officers of your Domestic Corporation have the same roles in the Arkansas Foreign Corporation.
Click here for specific requirements for
Arkansas Corporation Foreign Qualification.
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