How to Incorporate in Arkansas

Arkansas Secretary of State—Business & Commercial Services
250 Victory Building
1401 West Capitol Avenue
Little Rock, AR 72201-1094

501.682.3409 telephone

Statutory Authority: Business Corporation Act of 1987 — Ark. Code Ann. § 4-27 (2012)

Arkansas Incorporation General Filing Instructions

1. Confirm availability of company name and reserve if necessary.
2. Complete the “Articles of Incorporation.”
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 Incorporation

The following information is legally necessary and sufficient to form a for-profit corporation in Arkansas:

1. Company name
2. Number and par value of authorized shares
3. Registered agent name and address
4. Name and address of each incorporator
5. Primary business purpose
6. Date
7. Signature, printed name, and title of each incorporator

Arkansas Incorporation Fee Schedule

Application for Reservation of Entity Name: $25.00 by mail, $22.50 online
Articles of Incorporation: $50.00 by mail, $45.00 online
Certificate of Authority: $300.00 by mail, $270.00 online
Certified Copy: $5.00
Articles of Dissolution: $50.00

Company Name

Your company name must end with a corporate designator. In Arkansas the specific designators are: “Company” “Corporation” “Incorporated” “Limited” “Co.” “Corp.” “Inc.” “Ltd.”

Conduct an entity name search on the Arkansas Secretary of State website to conform 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.

Registered agent

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.

Optional provisions

The state provided forms ask for and specify what is legally sufficient and necessary to form an Arkansas corporation. Nevertheless, Arkansas permits you to add other provisions to your Articles of Incorporation as an attachment.

The most common optional provisions are the following:

☐ Terms and qualifications of directors
☐ Terms and qualifications of officers
☐ Indemnification of directors
☐ Indemnification of officers
☐ Powers, rights, and responsibilities of shareholders
☐ Powers, rights and responsibilities of directors
☐ Powers, rights, and responsibilities of officers
☐ Designation of different classes of stock
☐ Preemptive rights
☐ Cumulative voting rights
☐ Close corporation election

Post formation and ongoing compliance

1. Draft and adopt bylaws.
2. Hold initial organizational meeting.
3. Obtain a federal employer identification number by completing IRS Form SS-4.
4. If electing S corporation status complete IRS Form 2553.
5. Open company bank account.
6. Create and maintain company records book.
7. Hold annual meetings.
8. Pay annual franchise tax.

Registering as a Foreign Entity

1. Complete the “Application for Certificate of Authority.”
2. Attach a certificate of existence, or document of similar import, duly authorized by the official having custody of corporate records in the state under whose law it is incorporated.
3. Submit the completed documents, along with the filing fees, to the Arkansas Secretary of State.

Dissolving an Arkansas Corporation

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.

How to Incorporate in Arkansas
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