How to Form an LLC in Arkansas
Arkansas Secretary of State—Business & Commercial Services
250 Victory Building
1401 West Capitol Avenue
Little Rock, AR 72201-1094
Statutory Authority: Small Business Entity Tax Pass Through Act of 1987 — Ark. Code Ann. § 4-32 (2012)
Arkansas LLC General Filing Instructions
1. Confirm availability of company name and reserve if necessary.
2. Complete the “Articles of Organization for Domestic Limited Liability Company.”
3. Complete the “Franchise Tax Registration.”
4. Prepare a Letter of Transmittal.
5. Submit the completed documents, along with a photocopy of each and filing fees, to the Arkansas Secretary of State.
Arkansas Articles of Organization
The following information is legally necessary and sufficient to form a limited liability company in Arkansas:
1. Company name
2. Address of principal place of business
3. Registered agent name and address
4. Management statement
6. Signature and printed name of each organizer
Arkansas LLC Fee Schedule
Application for Reservation of Company Name: $25.00 by mail, $22.50 online
Articles of Organization: $50.00 by mail, $45.00 online
Certificate of Registration: $300.00 by mail, $270.00 online
Certified Copy: $5.00
Articles of Dissolution: $50.00
Your company name must end with a limited liability company designator. In Arkansas the specific limited liability company designators are: “Limited Liability Company” “Limited Company” “L.L.C.” “LLC” “L.C.” “LC”. “Limited” may be abbreviated as “Ltd.” and “Company” may be abbreviated as “Co.”
Conduct an entity name search on the Arkansas Secretary of State website to confirm the availability of your company name.
If the name you want is available you can reserve it for 120 days by filing an “Application for Reservation of Entity Name” and paying a name reservation fee of $25.00. Note: Reserving your company name is optional.
The registered agent maintains a physical presence in the state to accept service of process, annual report notices, and other communications directed to the company and to forward the same to the company to which the service, notice, or communication is directed.
Arkansas requires that every business entity have and maintain a registered agent in the state. The registered agent may be either an Arkansas resident or active Arkansas business entity that has an Arkansas street address and consents to accept legal papers on your company’s behalf. Post office boxes and commercial personal mailboxes are not acceptable.
NOTE: Your company should not serve as its own registered agent. You can, however, personally serve as registered agent provided you are an Arkansas resident and have an Arkansas street address.
The state provided forms ask for and specify what is legally sufficient and necessary to form an Arkansas limited liability company. Nevertheless, Arkansas permits you to add other provisions to your Articles of Organization as an attachment.
The most common optional provisions are the following:
☐ Management of a limited liability company by designated managers
☐ Appointment of managers by a designated member or group
☐ Indemnification of members
☐ Indemnification of managers
☐ Right to admit new members
☐ Right to continue upon dissolution of dissociation
Post Formation and Ongoing Compliance
1. Draft and adopt an operating agreement.
2. Obtain a federal employer identification number by completing IRS Form SS-4.
3. If electing alternative tax entity filing status complete IRS Form 8832.
4. Open company bank account.
5. Create and maintain company records book.
6. Pay annual franchise tax.
Registering as a Foreign Entity
1. Complete the “Application for Certificate of Registration of Limited Liability Company.”
2. Attach a certificate of existence, or document of similar import, duly authorized by the official having custody of its records in the state under whose laws it is filed.
3. Submit the completed documents, along with the filing fees, to the Arkansas Secretary of State.
Dissolving an Arkansas LLC
1. Complete the “Articles of Dissolution.”
2. Complete the “Final Franchise Tax Report.”
3. Submit the completed documents, along with the filing fee and franchise tax payment, to the Arkansas Secretary Of State.