How to Form an LLC in Arkansas

How to form an LLC in Arkansas ← you are here
This Quick Start Guide is a brief overview of how to form an LLC in Arkansas.

Detailed Lessons:

Arkansas LLC costs:
State filing fee: $45 (one-time fee)
Annual fee: $150 (every year)

Need help?
Hire a company to form your Arkansas LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

Here is a quick overview on starting an LLC in Arkansas

An Arkansas Limited Liability Company (LLC) is a legal structure used to protect your personal assets (home, car, bank account) in the event your business is sued.

An LLC can be used to operate a business, or an LLC can be used to hold assets (such as real estate, vehicles, boats, or aircraft).

Forming an LLC in Arkansas can be done online or by mail.

First, search your Arkansas LLC name in the state database and select your LLC’s Registered Agent.

File your Arkansas Articles of Organization online ($45) or by mail ($50). Approval time is 2-3 days if you file online and 1-2 weeks if you file by mail.

After your Arkansas LLC is approved, complete your Operating Agreement and get an EIN Number (aka Federal Tax ID Number) from the IRS.

Then make sure to pay your Arkansas Annual Franchise Tax every year to keep your LLC in compliance.

We’ve created a free course that will walk you through forming your Arkansas LLC, step-by-step.

You can find the detailed lessons linked at the top of this page.

Disclaimer: Nothing on this page shall be interpreted as legal or tax advice. Rules and regulations vary by location. They also change over time and are specific to your situation. Furthermore, this comment section is provided so people can share their thoughts and experience. Please consult a licensed professional if you have legal or tax questions.

10 thoughts on “Arkansas LLC”

I need the number to call and pay my Arkansas llc yearly fee thanks Greg

Hi Greg, the number to the Arkansas Secretary of State is 501-682-3409. You can find more information on the Arkansas Annual Franchise Tax Report here. Hope that helps!

I am starting a lawncare business and I am 16 years old . Can I get an llc in my own name ?

Hi Jonathan, in most states, an LLC owner (member) must be 18 years or older. We just called the Arkansas Secretary of State’s office for you though and they stated the age requirement is 21. You may want to ring up a few local attorneys though and see what their thoughts are. There may be a few creative work-arounds to use for the next few years. I look through the AR LLC Act for you, but I could not find the age requirements. Also, you can operate the lawn care business as a Sole Proprietorship for the time being. Hope that helps. Best wishes!

I AM PLANNING ON STARTING A MOTORCYCLE TOWING BUSINESS . I WILL HAVE 2 VEHICLES USED FOR TOWING. THEY ARE CONVERTED HEARSES. I KNOW I HAVE TO GET BUSINESS AUTO INSURANCE FOR THEM (AND PLATES AND REGISTRATIONS) DO I ALSO NEED TO FORM AN LLC OR WILL THE AUTO INSURANCE COVER ME IN THE EVENT OF AN AUTO MISHAP?

Hi Mary, you don’t have to form an LLC to run your business and to title your vehicles, but you certainly can. An LLC to run the business is a very common setup as it protects your personal assets in the event of a lawsuit. You don’t have to title the vehicles into the LLC, but you certainly can. As for the auto insurance rates, they may be slightly cheaper in your name versus the LLC (which would be a commercial/corporate policy), however, even if the vehicles are owned by an LLC, in the event of an auto accident, you’re likely to be involved in the case personally since it could be you as the driver who was negligent and caused harm. This would be a good question to followup with an attorney though, to look more deeply at the advantages and disadvantages. Hope that helps.

Hi Matt,
How do I know which filing act to choose when filing a LLC?
I was given many choice but 958 of 1987 was selected by default. I am in the start up phase for starting a non medical senior care service.

Hi Yolando, we form LLCs in Arkansas under “1003 of 1993”. Hope that helps.

I want to use a roofing business but noticed that they were late filing the annual report in prior year and have not filed the current annual report. due May 1st. Should I be concerned? How will that potentially affect any labor warranty on the roof?

Hi Vanessa, while this isn’t an immediate bad sign, I wouldn’t call it a good sign either. If this roofing company’s LLC gets shut down, it could leave you in a challenging position.

Forms / Fees / Records Requests

Choose to file online by clicking the ONLINE link and proceed to file electronically which is payable by credit card or ACH. If the filing type is not available online or if you prefer to mail or deliver your filing, click “PDF” to print a copy, complete the form, attach payment and mail or deliver to the Business and Commercial Services office.

Subscribers who utilize monthly billing may view their transaction history here.

Series LLC forms can be found under the Miscellaneous Forms link.

Domestic LLC

Domestic Limited Liability Company

Dom. Limited Liability Co.

Articles of Organization for a
Dom. Limited Liability Co.

Limited Liability Company Name

Dom. Limited Liability Co.

Final Report (use with LL-04)

N/AMinimum

Change of Address

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Arkansas Secretary of State

Executive Office State Capitol, Suite 256
500 Woodlane Avenue
Little Rock, AR 72201
501-682-1010

• Accessibility |
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• Security |
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• Transparency.Arkansas.gov

Copyright © 2017 Arkansas Secretary of State. All Rights Reserved.

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1. Choose a Name for Your Arkansas Limited Liability Company

Check for an Available Name for the LLC in Arkansas: You need to select a name for your company before you file to form a Limited Liability Company in Arkansas. You should search online databases and other records before you file to make sure that a name that you want to use is available and not in use by another LLC in Arkansas. You might want to start by searching the business entity database on the official website of the Arkansas Secretary of State: Arkansas LLC.

Reserve a Name for Your Arkansas LLC: You do not need to reserve a name for your LLC before you file to form an LLC, but if you would like to reserve a name you can submit a name reservation application. You can download the application form or apply online at Arkansas LLC. The name that you submit on the application will be reserved for a period of 120 days. There is a $22.50 fee to reserve a name if you apply online and a $25.00 fee if you apply with a printed application.

Filing for Trademarks Protection and Doing an LLC Name Search: Your search of databases and other records might reveal that the name that you want to use to form your LLC is available in Arkansas, but it is possible that another company could be using the same name somewhere else in the country. There could be restrictions on the name that you want to use for your LLC. You can find more information on choosing a name for your LLC online at how to choose a name for your llc.

Arkansas LLC Name Requirements: In the state of Arkansas, you must include the designation “LLC,” “L.L.C.,” or “Limited Liability Company” in the name of your LLC. Remember that the term “LLC” stands for “Limited Liability Company,” and not “LLC Corporation, “Limited Liability Corporation,” or anything else similar. An LLC is not the same kind of business entity as a corporation.

2. Find a Registered Agent in Arkansas

You need to select a registered agent in Arkansas that will act as an agent for service of process for your LLC. A registered agent receives all tax documents, legal notices, and other official notices for your LLC. There are some service companies that offer registered agent services to LLCs for a fee that generally ranges between about $75 and $150.

3. File Articles of Organization with the Arkansas Secretary of State

Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your LLC will need to contain the name of your LLC, the address of your place of business, your registered agent, and the name of the organizers. You should also indicate whether the LLC will be managed by a manager or by the members. Your Articles of Organization must be signed by the organizers before you submit the document. You can download the form or file online at Arkansas LLC.

Other Arkansas Legal Provisions: You might consider including additional clauses when you create the Articles of Organization for your LLC. It is best to consult a lawyer when you are creating the Articles of Organization for assistance in including the additional clauses that are most important for your company.

Where to Submit the Articles of Organization for Filing: You should send your Articles of Organization to Arkansas Secretary of State Business and Commercial Services at Suite 250, Victory Building, 1401 West Capitol Avenue, Little Rock, AR 72201 or file online at Arkansas LLC.

Filing Fee: The fee to file Articles of Organization in Arkansas is $45.00 if you file online and $50.00 if you submit a printed application.

4. Form an Arkansas Limited Liability Company Agreement (Operating Agreement)

After you form your Limited Liability Company in Arkansas by filing the Articles of Organization, you need to create an LLC Agreement that governs how your LLC will be operated. All the members of your LLC need to sign the agreement. LLCs are generally operated more simply than corporations. An LLC Agreement governs all aspects between the members of an LLC. The specific details of your company’s LLC Agreement will depend on many factors, such as the number of people involved, how much money is being invested, how the money will be distributed, and whether the company will be managed by a manager or by the members. Details of an LLC Agreement often vary depending on what the purpose of the LLC is. For example, the LLC Agreement will probably be different if the LLC will be used to operate a retail store than if the LLC will be used to own and develop real estate. You should consult a lawyer and an accountant when it is time to draft your LLC Agreement so that you can be sure to comply with all state requirements and federal tax laws.

You will also need to create or file other documents for your LLC, such as securities filings. You also need to obtain an EIN from the IRS. You might also need to obtain a business license. There are companies that can make filings for you and provide you with form documents in return for a fixed fee. You can learn about how to get a business license in your city through our online guide at

5. Qualify your Arkansas LLC to Do Business in Other States

You need to check to see if you need to register or qualify the LLC to do business in your home state if your main office is located out of state. Most states require you qualify your LLC and pay taxes in your home state. You can learn about how you can qualify your LLC to do business in other states online at [Qualifying to Do Business in Other States].

6. Make Annual Filings and Pay Annual Taxes in Arkansas

The state of Arkansas requires a franchise tax and annual report from registered LLCs. You can file this report by mail or online at Arkansas LLC. The tax for LLCs is $150.00. You can learn about other taxes that may apply to your company and download tax forms online at the official website of the Arkansas Department of Finance and Administration at Arkansas LLC.

It can be complicated to form an LLC, especially when more than one person is involved. It is strongly recommended that you consult an accountant and an attorney before you form your LLC so that you can be sure that an LLC is right for you and that all your paperwork is processed correctly.

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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.

The cost to start an Arkansas limited liability company (LLC) is $50. This fee is paid to the Arkansas Secretary of State when filing the LLC’s Articles of Organization.

There are two options for forming your LLC:

• You can hire a professionalLLC formation service to set up your LLC (for an additional small fee).
• Or, you can use our free Form an LLC in Arkansas guide to do it yourself.

HAVE A PROFESSIONAL SERVICE FORM AN LLC FOR YOU

TWO SUCH RELIABLE SERVICES:

ZenBusiness ($39 + State Fees)

LegalZoom ($149 + State Fees)

HAVE A PROFESSIONAL SERVICE FORM AN LLC FOR YOU

TWO SUCH RELIABLE SERVICES:

ZenBusiness ($39 + State Fees)

LegalZoom ($149 + State Fees)

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Last Updated: 2020-08-25

Required Costs to Start an Arkansas LLC

There is a filing fee for all LLCs in Arkansas and your business might need licenses and permits.

State Filing Fee: $50

In order to form an LLC in Arkansas, you’ll be required to file the articles of organization with the Secretary of State. The state of Arkansas a $50 fee to process and record this document.

Business Permits & Licenses: Varies

Depending on your specific industry and geographical location, your business might need federal, state, and local permits/licenses in order to legally operate in Arkansas.

Use the resources below to find out what permits & licenses are required of your business, or have a professional service do the legwork for you:

• Federal: All federal business licensing requirements can be found on the U.S. Small Business Administration website.
• State: To learn about state permits & licenses and get started on the application process, head to the Arkansas Secretary of State’s website.
• Local: Contact your local Chamber of Commerce to find out about the licensing requirements of your specific county/municipality.

Ready to Form an Arkansas LLC?

Optional Costs to Start an Arkansas LLC

The following expenses are recommended but not required for Arkansas LLCs. Each of the services below will make the process of setting up your business easier, but they aren’t required.

LLC Formation Service: $39 – $79

While it’s possible to form an LLC in Arkansas without the help of a professional, many business owners choose to hire a service.

Online services like ZenBusiness ($39 + State Fee) and LegalZoom ($79 + State Fee) will take care of the filing process on your behalf for a fraction of the cost of a business attorney.

Additional services offered:

In addition to filing your articles of organization, LLC formation providers offer other services that can help you start your new business faster and more efficiently. Two of the most popular add-on services for LLC owners are operating agreements and EIN registration.

Operating Agreement: $40-$99

An operating agreement is a governing document that outlines the ownership and management structure of an LLC. Whether you’re starting a single-member or multi-member LLC in Arkansas, it’s important to have an operating agreement in place.

Purchasing a custom operating agreement from an online formation service is an easy way to ensure you’ll have a thorough and legally-binding document governing your new LLC.

EIN Registration: $60-$70

Upon forming an LLC, you’ll need to obtain an EIN (or Employer Identification Number)—essentially a social security number for your business. If you’d prefer not to apply for your EIN directly through the IRS, you can delegate this task to your formation provider for an extra fee.

Registered Agent Service: $0-$125 per year

You’ll need to designate a registered agent for your Arkansas LLC when you complete the articles of organization.

A registered agent is the individual or business entity responsible for receiving and processing legal documents on behalf of your business.

While Arkansas doesn’t prohibit business owners from acting as their own registered agents, many people choose to appoint a professional for the sake of privacy, convenience, and discretion.

Keep in mind that if you assume this role, you’ll be responsible for maintaining normal business hours at the address provided on your formation documents, and receiving service of process notices in the event that your LLC is sued.

If you decide that electing a professional is right for your LLC, we recommend ZenBusiness. Their registered agent services are free for the first year and $119 every following year.

Business License Research Service: $99

If your LLC requires several federal, state, and local permits or licenses in order to legally operate, you might want to consider hiring a professional business license research service.

While not necessary for every business owner, these services can be helpful to busy entrepreneurs looking to save time on the research and paperwork.

If you’re looking to maximize your time in the early phases of your business, we recommend checking out Incfile’s $99 business license research package.

Ongoing LLC Maintenance Costs

Some businesses will be required to pay ongoing maintenance costs and taxes.

Below we’ll discuss the ongoing costs involved in maintaining an Arkansas LLC.

Arkansas Franchise Tax: $150

In Arkansas, all LLCs are required to file and pay an annual Franchise Tax. This can be done either online or by mail.

Ready to Form Your Arkansas LLC?

If you’re ready to officially form an LLC in Arkansas, check out our step-by-step guide . We’ll walk you through the entire process.

Featured Articles

What is a Registered Agent?

What is an LLC?

What is an Operating Agreement?

Forms / Fees / Records Requests

Choose to file online by clicking the ONLINE link and proceed to file electronically which is payable by credit card or ACH. If the filing type is not available online or if you prefer to mail or deliver your filing, click “PDF” to print a copy, complete the form, attach payment and mail or deliver to the Business and Commercial Services office.

Subscribers who utilize monthly billing may view their transaction history here.

Series LLC forms can be found under the Miscellaneous Forms link.

Foreign LLC

Foreign Limited Liability Company

Name of Official Document	Form #	Online $	Paper $	Online Form	PDF Form
Application for Certificate of Registration of Foreign Limited Liability Company	FL-01	$270.00	$300.00	ONLINE	PDF
Board Resolution Adopting a Fictitious Name In Arkansas	N/A	No Fee	N/A	PDF
Application for Amended Certificate of Authority by Foreign Limited Liability Co.	FL-02	$270.00	$300.00	ONLINE	PDF
Application for Reservation of Limited Liability Company Name	RN-06	$22.50	$25.00	ONLINE	PDF
Notice of Transfer of Reserved Name for LLC	TRN-06	$22.50	$25.00	ONLINE	PDF
Application for Fictitious Name Foreign Limited Liability Co.	F-18	$22.50	$25.00	ONLINE	PDF
Cancellation of Fictitious Name Foreign Limited Liability Co.	CFN	N/A	$25.00	N/A	PDF
Transfer of Fictitious Name for Foreign Limited Liability Co.	TFN	N/A	$25.00	N/A	PDF
Notice of Change of Registered Agent	DO-03	No Fee	No Fee	ONLINE	PDF
Notice of Change of Principal Office Address for Foreign LLC	No Fee	No Fee	N/A	PDF
Application for Cancellation by FLLC	FL-04	No Fee	No Fee	ONLINE	PDF
Franchise Tax Registration (use with FL-01)	N/A	No Fee	N/A	PDF
Dissolution or Withdrawal Franchise Tax Memo and Final Report (use with FL-04)	N/A	Minimum $150	N/A	PDF
Corporation Service Companies	No Fee	No Fee	N/A	PDF
Application for Tax Contact Change of Address	No Fee	N/A	ONLINE

• LLC
  • Forms / Fees / Records Requests
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Arkansas Secretary of State

Executive Office State Capitol, Suite 256
500 Woodlane Avenue
Little Rock, AR 72201
501-682-1010

• Accessibility |
• Privacy |
• Security |
• Acceptable Use |
• Transparency.Arkansas.gov

Copyright © 2017 Arkansas Secretary of State. All Rights Reserved.

What Is a LLC?

LLC stands for “ limited liability company ,” which refers to a type of business structure that companies can use for tax and other business-related advantages. One thing you can do under an LLC is decide how to divide and distribute profits from the business for each member (owner) in the business.

With an LLC, you can also take advantage of pass-through taxes, which means the taxes only go through a business owner’s personal tax returns instead of being taxed twice both as personal income and as a separate business.

Contents

1. What are the Requirements to Form an LLC in Arkansas?
2. What Paperwork Do I Need to Form an Arkansas LLC?
3. What Benefits does Arkansas Give to an LLC?
4. What Disadvantages does Arkansas Give to an LLC?
5. Where can I Find the Right Lawyer to Form an LLC in Arkansas?

What are the Requirements to Form an LLC in Arkansas?

In order to form an LLC in Arkansas, a business must file Articles of Organization with the Arkansas Secretary of State (SOS). The company must also select a registered agent who resides in Arkansas and can be served on behalf of the business. Additionally, the company is required to fill out and submit an annual franchise tax reporting form every year.

There may be various other documents and items that must be completed and filed with the state in order to operate legitimately as an LLC in the state of Arkansas. It is recommended that you work with a business lawyer during the filing process to ensure that no documents are missing and that you are not missing any deadlines or requirements.

What Paperwork Do I Need to Form an Arkansas LLC?

You can file your LLC paperwork online or by printing out the forms and mailing them into the Arkansas SOS. The paperwork needs to include important information, including the company name and address, the name and address of the registered agent, and whether the company will be run by members or managers.

Foreign companies that wish to incorporate in Arkansas must fill out an application for certificate of registration. The form should also include the company name in Arkansas, any other name it has, where it was originally formed and when, the name and address of the registered agent, the office address, and a certificate of existence.

What Benefits does Arkansas Give to an LLC?

Companies that are formed as an LLC may have more flexibility compared to other business structures. This is because they can choose if they want to be managed by members or by managers. Even if the members act as managers, this does not put the members at risk of losing their LLC status. Another benefit of a LLC is that there are fewer rules about recordkeeping than other business structures in Arkansas.

In general LLCs have several benefits when compared with other types of business forms or structures. For instance, members of an LLC are typically shielded from personal liability with regards to the debts or actions of the company.

If the company goes into debt, creditors cannot require the members to pay for their debt out of their own financial resources. However, the LLC members are not immune from liability that is the result of their own personal negligence apart from company actions.

In addition, LLCs can sometimes take advantage of the various tax features and benefits that are often associated with business partnerships or other similar structures. This can generally make it easier to manage an LLCs taxes in the long run, and can save company resources on these types of issues.

What Disadvantages does Arkansas Give to an LLC?

If you have an LLC in Arkansas, you have to file a franchise tax report every year with the Arkansas SOS. You will also be required to file taxes with the IRS and the Arkansas Department of Finance & Administration.

If you are merely a pass-through entity providing distributions to members who do not live in Arkansas, you will still be responsible for taxes on any of the distributions that would otherwise count as taxable income. This is true even though you did not possess the potential to have the income for your own benefit.

As mentioned, LLC members are still liable for their own personal negligence and violations that arise out of their own decisions, separate from company directives. In addition, LLCs can have some other drawbacks that stem from the nature of their structure and composition. For instance, members may have limited control of the organization compared to other business types such as a sole proprietorship.

They may also be limited in terms of their financial rights, and their contributions to the business may be processed differently. These types of issues may require legal assistance, both to avoid a violation as well as ensure proper procedures for company management.

Where can I Find the Right Lawyer to Form an LLC in Arkansas?

Following the rules required to set up and continue an LLC in Arkansas can make a huge difference in how your company operates and what kind of risks it takes. Thus, you should speak to an Arkansas business lawyer regarding the pros and cons of an LLC before filing to form one.

Your attorney can provide you with valuable assistance during the formation process. In the event of a dispute, your attorney can represent you in court as needed.

Domestic For Profit

Articles of Incorporation – DN-01

Application for Reservation of Corporate Name – DN-02

Certificate of Amendment (new code/no shares) – DN-07

Certificate of Amendment (new code/shares exchanged) – DN-07

Articles of Dissolution – DN-10

Articles of Dissolution by Incorporators or Initial Directors – DN-10A

Application for Fictitious Name (new code) – DN-18

Notice of Change of Registered Office or Agent for Corporation – DO-03

Domestic Non-Profit

Application for Reservation of Corporate Name – DN-02

Articles of Incorporation for Dom. Non-Profit Corp – 501(c)(3) – NPD01

App. for Fictitious Name for Domestic Nonprofit – DN-18f

Notice of Change of Registered Office or Agent for Domestic Non-Profit Corporation – DO-03

Articles of Dissolution of a Non-Profit Corp. – NPD-4

Annual Report for Domestic Nonprofit Corporation – NPD-5

Domestic LLC

Articles of Organization for Domestic LLC – LL-01

App. for Reservation of LLC Name – LLC-05

App. for Fictitious Name for LLC – DN-18b

Notice of Change of Registered Office or Agent – DO-03

Certificate of Amendment to Art. of Organization – LL-02

Articles of Dissolution for Limited Liability Company – LL-04

Domestic LLLP

Notice of Change of Registered Office or Agent for Lim. Lib. Lim. Partnership – DO-03

Domestic LP

Notice of Change of Registered Office or Agent for Lim. Partnership – DO-03

Domestic LLP

Notice of Change of Registered Office or Agent for Lim. Lib. Partnership – DO-03

Foreign for Profit

Application for Certificate of Authority – F-01

App. for Fictitious Name for Foreign Corp – DN-18e

Notice of Change of Registered Office or Agent – DO-03

Certificate of Withdrawal of Foreign Corporation – F-13

Foreign Non Profit

Notice of Change of Registered Office or Agent for Foreign Non-Profit Corporation – DO-03

Annual Report for Foreign Nonprofit Corporation – NPF-2

Foreign LLC

App. for Certificate of Registration of For. LLC – FL-01

App. for Fictitious Name for Foreign LLC – DN-18c

Notice of Change of Registered Office or Agent – DO-03

Application for Cancellation by Foreign Limited Liability Corporation – FL-04

Foreign LLLP

Notice of Change of Registered Office or Agent for Lim. Lib. Lim. Partnership – DO-03

Foreign LPL

Notice of Change of Registered Office or Agent for Lim. Partnership – DO-03

Foreign LLP

Notice of Change of Registered Office or Agent for Lim. Lib. Partnership – DO-03

100045630

Official Dating Policy: Filings submitted online by 3:00 p.m. CST will be recorded as of date submitted. Filings submitted after 3:00 p.m. CST will be recorded on the next business day.

Secretary of State Filing Information

• Notice per Act 1008 of 2007- A corporate filing with the Arkansas Secretary of State does not necessarily give you the right to use your proposed corporate name, corporate name, assumed or fictitious name in this state if the use violates someone else’s trade name, trademark, or service mark rights under the trademark laws of the United States, this state, or the common law. Prior to your use of the name, you are encouraged to research the names and marks of other parties used or registered in this state, or registered in the United States Patent and Trademark Office, or consult an attorney to determine the existence of any conflicting rights.
• Processing of incorporations is subject to availability of corporation name requested. Filings are not final until satisfactory completion of statutory requirements is verified by the Secretary of State’s office. A file-marked copy of a successful filing will be returned to the filer.
• Concerns regarding filings submitted online will be addressed via email or telephone call to the filer.
• Instructions may be found on the top of some forms, however, most forms are self-explanatory.
• All for-profit corporate filings are subject to Arkansas Corporate Franchise Taxes. Tax payments are due in the office of the Secretary of State each year by May 1st for corporations in existence during the prior year. If you have not received a Franchise Tax Report by March 20th, please contact us via email at [email protected], online at or by telephone at 501-682-3409 or toll free at 888-233-0325.

If you wish to file any of these forms or other corporate documents in person or by mail, please contact the Secretary of State Business and Commercial Services Division directly at:

Physical Address: Suite 250, Victory Building, 1401 West Capitol Avenue, Little Rock, AR 72201 Mailing Address: State Capitol, Little Rock, AR 72201

Subscribers who utilize monthly billing may view their transaction history here.

For assistance with this form contact Business and Commercial Services by phone 501-682-3409, toll free 888-233-0325 or by email, [email protected]

Arkansas Secretary of State
State Capitol
500 Woodlane Street, Suite 256
Little Rock, AR 72201
501-682-1010

This guide will show you on how to form an LLC in Arkansas, forming an LLC can be easy. While a Limited Liability Company can be formed in a few easy steps we always recommend using the services of professionals. Register your business and set up for success now with $0 at Incfile.com.

Table of Contents

1. Find a name for your LLC

The first and most important step in forming an LLC is to find a name. Start by doing some research and make sure the name you choose is suited for the business you want to begin and is easily to identify by your clients.

There are naming guidelines in Arkansas! Your entity name must contain one following words: “Limited Liability Company”, “L.L.C” or “LLC”. Also, keep in mind that there are also some words that are restricted to be part of the name, for example “Bank”, “Banc”, “Banque”, or licensed individuals like “Doctor”. It is possible to have restricted words but they require additional paperwork. Basically, make sure your name does not confuse people with any federal or state agency.

Make sure your name is not taken in Arkansas. Navigate to the State of Arkansas website and do a name search to determine if your name is not being used by another entity. If your name is available, you must complete the name reservation online with the Arkansas Secretary of State.

Find the perfect URL name as well. Check that the name you give your LLC is also available as a domain name, obviously this is not a legal requirement but it is nice to have. Even if you are not planning on setting up a website now, buying the domain name will prevent other from taking it from you and it is also very inexpensive. Having a domain will also give you the ability to set up branded email addresses, eg. [email protected]

2. Pick a Registered Agent

It is mandatory to nominate a Registered Agent in Arkansas.

What is a Registered Agent? A registered agent, or also called “resident agent”, is the person designated by an LLC to officially receive documents from the state and in some cases to be served should the LLC ever be sued. Other important documents this person will receive includes annual state filings.

A registered agent must be a resident of Arkansas or a corporation officially authorized to do business in Arkansas . You may elect anyone within your company, including yourself. A physical address must be provided and PO Boxes are not allowed. You might find that using you home address is inconvenient because all LLC addresses become public records.

3. Submit the Articles of Organization

Forming an LLC in Arkansas:

Submit the Articles of Organization for a “Domestic LLC”

Follow the instructions on the form you choose.

4. Draft up an Operating Agreement

Although is not always required it is a good idea to draft up an operating agreement. An operating agreement among an LLC is an agreement that outlines member’s financial and managerial rights and duties. Every LLC should have one. In California, New York, Missouri, Maine, or Arkansas it is mandatory to have one.

Congratulations at this point you have formed your Limited Liability Company, but wait…there’s more.

5. Obtain an Employer Identification Number

You must obtain an Employer Identification Number (EIN). An EIN, also known as a Federal Tax Identification Number, is a nine-digit number assigned by the IRS. The IRS uses this number to identify your company for tax purposes, think of it as a Social Security Number for your LLC.

What is an EIN for? An EIN is necessary in order to open bank accounts, for tax purposes, hire employees, among others.

To apply for an EIN the business owner need to submit a form to the IRS after forming the LLC, it is free of charge, and it can be done by:

Follow the instructions on the form you choose.

Start setting up your Arkansas LLC now – without any obligation. Save all of your LLC formation information until you’re ready to order.

MaxFilings competitive pricing is simple and straight forward – it includes all Arkansas fees and other charges. There are absolutely no “hidden charges” to surprise you later.

Articles of organization must be filed with Arkansas to form Arkansas LLC. While an operating agreement does not have to be filed, it is an important document that you should have, setting forth the members’ rights and responsibilities, their share of ownership, their voting rights, their shares of profits and losses and their distribution rights, all of which can be different and without regard to their capital contribution. One or more managers make management decisions and “run the business” for the inactive members.

As the name “LLC” implies, Arkansas LLC provides the same limited liability for its members as does a corporation. Members enjoy limited liability for the debts, obligations and liabilities incurred by the business as well as liability stemming from possible legal action. Normally, members cannot lose more than the amount they invested in the LLC. If the LLC goes bankrupt, the members will not be liable for its debts. Should someone sue the LLC and it is found liable, they can take the LLC’s property to satisfy the judgment but if that property does not satisfy the judgment, they will not be able to take a member’s personal assets, i.e. home, car, or bank account. Protection of members’ personal assets is a major advantage of Arkansas LLC. There are exceptions to members’ limited liability to keep in mind. For example an exception to a member’s limited liability occurs when the LLC has recklessly harmed people or has been used to perpetuate a fraud.

Arkansas LLC Taxation

Arkansas LLC can choose to be taxed as a corporation or choose the pass through tax structure of proprietorships, partnerships and S Corporations. Also, the distribution of profits and losses can differ from members’ share of ownership. While Arkansas LLC and Arkansas S Corporation are essentially alike, an LLC is much more flexible and is easier and less complicated to operate than a corporation.

Why Form Arkansas LLC?

For those who want the same limited liability as a corporation but without the formal structure and more cumbersome ongoing requirements, Arkansas LLC’s flexibility and simplicity offer a distinct advantage over a corporation. Arkansas S Corporation does, however, offer the advantage of allowing owners to minimize self employment taxes.
MaxFilings can help you form your Arkansas LLC. Start setting up your LLC now >>

Some Points to Consider When Forming Arkansas LLC

• Official documents must be filed with Arkansas in order to form Arkansas LLC and state filing fees must be paid
• Arkansas LLC is considered by the law to be an individual entity separate from its members and managers
• Arkansas LLC can generally conduct any lawful business
• There are fewer required formal reports and less paperwork for Arkansas LLC’s than for corporations

Limited Liability

• Arkansas LLC members and managers normally enjoy the same limited liability as do the shareholders, directors and officers of a corporation and can lose no more than the amount of their contribution to the LLC
• Protection of members’ personal assets is a major advantage of Arkansas LLC
• As with corporations, there are exceptions to the limited liability where an LLC’s members and managers can be held liable

Taxation

• Arkansas LLC can choose to be taxed as a corporation or choose the pass through tax structure of proprietorships, partnerships and S Corporations

Members & Employees

• Members of Arkansas LLC can be divided into as many classes as desired, regardless of their capital contribution and each class can have different voting rights, different shares of profits and losses, and different distribution rights
• Employees would frequently rather work for an LLC than for a sole proprietorship or partnership
• Arkansas LLC can be managed by its members or by managers
• Arkansas LLCs can have an unlimited number of members
• Corporations, partnerships and trusts can be members of Arkansas LLC

Public Perception

• The general public normally thinks of LLC’s as being more substantial than sole proprietorships and partnerships

This information is not an attempt to present all you should know when forming an LLC in Arkansas but rather to present just some of the basic information about Arkansas LLCs. While we make every effort to ensure its accuracy, MaxFilings does not guarantee that all of the information is accurate, complete and/or current and it should therefore be independently verified. And, as always, you should seek the advice of qualified professionals who are familiar with your circumstances as well as applicable federal and Arkansas laws.

MaxFilings helps business owners just like you form LLC’s in Arkansas

• MaxFilings helps you get organized and you set the pace – you can save all your LLC information in one handy spot online and make changes anytime until you’re ready…or you can order online right now!
• There’s never any obligation to order and there’s no charge for saving your information – you only pay your LLC fees when you’re ready to order. Our competitive pricingincludes all state fees and other charges so you’ll have no surprises later.
• As you form your LLC in Arkansas, you need to think about growing and promoting your new business – MaxFilings’ online promotions partner SEO Advantage offers you expert services in PR, web development, search engine marketing, web site optimization, and graphic design.
• Best of all, your satisfaction is 100% guaranteed!

LAWS & REGULATIONS

Federal laws – In addition to state law regulations, the federal government has laws that govern the operation of homeowners’ associations, condominiums, and other residential properties in the state of Arkansas.

Arkansas Horizontal Property Act, Ark. Code Ann. §§ 18-13-101 et seq. (1987): The statute governs the formation, management, powers, and operation of horizontal property regimes that expressly elect to be governed by the Act by recording a Master Deed (or Declaration). See § 18-13-104.

Arkansas Nonprofit Corporation Act of 1993 (“Act of 1993”), Ark. Code Ann. §§ 4- 33-101 through –1532: The law governs the corporate structure and procedure of nonprofit corporations incorporated after December 31, 1993. If a property owners’ association is organized as a nonprofit corporation, it will be governed by the Act of 1993. Nonprofit corporations incorporated before December 31, 1993, are governed by the Arkansas Nonprofit Corporation Act of 1963, Ark. Code Ann. §§ 4-28-201, et seq. Visit the Arkansas Secretary of State to find an association’s corporation status.

Arkansas Fair Housing Act, Ark. Code Ann. § 16-123-201, et seq. The law protects people’s right to access all housing opportunities without discrimination based on religion, race, color, national origin, sex, disability, or familial status. See also, Ark. Code Ann. §§ 16-123-302 (Definitions), 16-123-306 (Exemptions), 16-123-310 (Discrimination in sale or rental of housing), and 16-123-314 (Disability).

These state-level protections are similar to the federal Fair Housing Act (FHA). Victims of housing discrimination may file a complaint with the Arkansas Fair Housing Commission, HUD, or file a private lawsuit in federal or state court.

Ready to start your Arkansas LLC? Here’s everything you need to know.

Step 1

Step 2

Step 3

Step 4

Step 5

If you’re ready to learn more about starting a small business in Arkansas, you’re in the right place. A limited liability company (LLC) is a business structure that works well for many startups. It combines features of corporations and partnerships to offer more flexibility and protection. Check out our easy-to-follow guide below to learn more about forming your LLC in the Natural State.

How Do I Start an LLC in Arkansas?

1 Name Your Arkansas LLC

Appoint a Registered Agent in Arkansas

To start an LLC in Arkansas, you’ll need to work with the Business and Commercial Services division of the Arkansas Secretary of State’s office. The first step is to secure a name for your LLC, followed by appointing a registered agent and filing your Articles of Organization. We’ll also go over the importance of having an Operating Agreement and how to apply for an EIN from the Internal Revenue Service (IRS).

Step 1: Name Your Arkansas LLC

One of the first things to think about when starting a new business is how to name your LLC . The name you choose will need to be available for use in Arkansas. It must also follow state naming laws and be distinguishable from any other existing name. This means your LLC can’t use a name identical to or confusingly similar to any other Arkansas business entity, whether foreign or domestic. The name must end with one of the following:

• Limited Liability Company, L.L.C., or LLC
• Limited Company, L.C., or LC

If your limited liability company plans to perform professional services, it must have one of these endings instead:

• Professional Limited Liability Company, P.L.L.C., or PLLC
• P rofessional Limited Company, P.L.C., or PLC

A PLLC must not contain the name of a person who isn’t a member of the company. An exception to this rule is if a member is deceased. In addition, “Limited” can be abbreviated as “Ltd.” and “Company” as “Co.” when designating an LLC or PLLC.

To see if the name you’ve chosen is available, you’ll need to conduct a name availability search online via the state’s business entity database . You can also call a business services representative at (888) 233-0325 for help over the phone. Additional research to do at this time includes an easy domain name search . A domain name is the address of your company’s website. It can serve as your official email address, too.

After you’ve determined your LLC name is available to use online and in Arkansas, you can think about reserving the rights to the name. ZenBusiness can quickly help you register a domain name and reserve your company name. An Arkansas Application for Reservation of Entity Name can be filed online for $22.50 or through the mail for $25. Once filed, the LLC’s name is reserved for a 120-day period and can be renewed one time for a further 120 days.

You can mail your application to:

Secretary of State
Business and Commercial Services Division
1401 W. Capitol, Suite 250
Little Rock, Arkansas 72201

If you plan to do business under a different name than your official LLC name, you’ll have to file an Application for Fictitious Name with the Arkansas Secretary of State. It costs $22.50 online and $25 by mail. You can’t operate under a fictitious name , known as a DBA or “doing business as” name unless you also file a copy of the returned application with the county clerk of the county where your registered office is located, Pulaski County excluded.

Finally, the last name-related registration you should look into has to do with trademarks. A trademark is a word, phrase, symbol, or a combination of any that depicts your company. It’s used in advertising and marketing to set your goods and/or services apart from others. You can register your trademark in Arkansas and at the federal level with the United States Patent and Trademark Office (USPTO) for added protection. State registration costs $50 and is good for five years. Even if you’re not interested in trademarking your business name, it’s wise to search the state and federal trademark databases to make sure someone else hasn’t already placed a claim on your desired name.

It tends to be easier and quicker to file for a trademark at the state level, but the federal level can offer broader protection, which is good for businesses planning to do business outside of Arkansas.