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Time to make that business name you've been using a legally registered one. Let LegalZoom help you file your Doing Business As (DBA) statement today! A DBA lets you open bank accounts, process transactions and legally function with the business name you've created. Also known as a fictitious business name, a DBA is next step you need to make your business work for you.
ARKANSAS STATUTORY GUIDELINES
LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.
A DBA will not be filed if the name is too similar to another DBA, but filing a DBA does not prohibit other companies from using the same name. No filing is required if the true name of an owner is used for the business name. Fines will be issued for non-compliance for each day of violation. For limited partnerships, limited liability partnerships, foreign or domestic corporations, partnerships, or LLCs, please note the following:
• If a business doesn't file and is party to a lawsuit which refers to the non-filed DBA, a fee must be paid to the Treasurer of State to enforce the DBA
• The name used in a certificate of limited partnership may contain words designating the limited partnership as a registered LLC when the limited partnership is filing to be a limited liability partnership.
• DBA of LLC that performs professional services may not contain the name of a person who is not a member unless he or she is a former member. DBA of LLC may contain abbreviations: "Professional LLC," " Professional LLC," "P.L.L.C.," " P.L.C.," "PLLC," "PLC," "Limited," "Company" or "Ltd." Or "Co."
• Must not be confused with a similar name already filed
• No exclusive right to name
There are certain items that are necessary when filing a DBA in Arkansas. The name and address of the business, the nature of the business, and the name and address of the owners or interested parties in conducting the business are just a few. For corporations, LLCs, limited partnerships, or limited liability partnerships, the state of incorporation and the name and address of the registered agent are also required.
From a procedural standpoint, one must file with the county where business is being conducted, and it must be notarized. If it is a limited partnership, limited liability partnership, foreign or domestic corporations, partnerships, or an LLC, one must file two (2) copies with the Secretary of State and one with the county recorder. In these instances, no notarization is required.
There are several continuing obligations involved with filing a DBA in Arkansas. If the company ceases to exist in Arkansas, one must file a cancellation with the Secretary of State. If there is a withdraw or change in ownership, each person must file with the County Clerk where the business is being conducted. If the business is dissolved, a cancellation must be filed with the Secretary of State. If the corporation withdraws and there is a change in ownership, each person disposing of his/her interest in the business, or withdrawing, must file a certificate with the County Clerk of each county in which business is being conducted. It is important to note that a member of an LLC may not withdraw before the winding up of an LLC unless the articles of organization provide otherwise.
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