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When incorporating in Arkansas with LegalZoom, we not only file your articles of incorporation with the Arkansas Secretary of State, but we also prepare customized bylaws and director resolutions. We can also obtain your Federal Tax ID Number (EIN) and provide other customized services for your Arkansas corporation.
Arkansas Incorporation Information
Incorporating in Arkansas
The name that you choose for you Arkansas Corporation:
LegalZoom allows you to choose up to 3 names, in order of preference. We will conduct a name check before filing to see which names are available.
- Must be distinguishable from any other registered Arkansas business entity and any reserved names on record, subject to certain exceptions under state law AND
- Must not imply that the Arkansas corporation was organized for a different purpose than what was specified in the articles of incorporation
In addition, the name must contain one of the following endings (or an abbreviation of):
Arkansas state law restricts the use of certain words and phrases in business names. When you form your Arkansas corporation with LegalZoom, your business name choices are reviewed for compliance with applicable state laws.
When you incorporate in Arkansas, the corporation's existence begins after the articles of incorporation are filed with the Arkansas Secretary of State. Arkansas law requires that certain information be included in your articles of incorporation. The following is a summary of those requirements:
- Minimum Number of Incorporators: One or more.
- Eligibility Requirements: None.
- Duties –Delivering articles of incorporation to the Secretary of State for filing.
- Listing Requirements - The name and address of each incorporator.
Arkansas allows a corporation to be formed for any lawful purpose(s).
- Minimum Number of Directors: One or more.
- Eligibility Requirements: The articles of incorporation or bylaws may list director qualifications. A director does not need to be a resident of this state or a shareholder of the corporation unless stated in the articles of incorporation or bylaws.
- Listing Requirements: When incorporating in Arkansas, directors are not required to be listed in the Articles. Either the articles or the bylaws may specify the number of directors.
Other Required Listing Information:
- The articles must list the number of shares the corporation is authorized to issue, including certain information on classes and the par value of each share
- The street address of the corporation's initial registered office
- The name of its initial registered agent at that office
- The principal office address
Arkansas also permits additional provisions to be integrated into the articles of incorporation for corporations who wish to formalize optional criteria, such as:
- The names and addresses of the initial directors
- Provisions managing the business and regulating the affairs of the corporation
- Specific limitations on the corporate purpose(s)
- Provisions regulating the powers of the corporation, its board of directors, and shareholders
- Personal liability of shareholders for the debts of the corporation under certain conditions OR
- Provisions eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages in certain situations
Generally, Arkansas incorporation bylaws are written to manage the corporation's business and to conduct the corporation's affairs so long as the bylaws do not conflict with the articles of incorporation. A corporation maintains its bylaws at its principal executive office and is not required to file them with the state. LegalZoom will provide customized bylaws for your Arkansas corporation based on the operation requirements that you specify.
The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation.
Officers must be described in its bylaws or appointed by the board of directors in accordance with the bylaws.
- A duly appointed officer may appoint as many officers or assistant officers as authorized by the bylaws or the board of directors.
- The bylaws or the board of directors shall delegate to one of the officers responsibility for preparing minutes of the directors' and shareholders' meetings and for authenticating records of the corporation.
- The same individual may simultaneously hold more than one office in a corporation.
LegalZoom can also provide your Arkansas corporation with registered agent services. Every Arkansas corporation must have a registered agent in Arkansas -- the person or office designated to receive official state correspondence and notice if the corporation is "served" with a lawsuit.
- Eligibility Requirements - The registered agent must be either (1) an individual residing in the state whose business office is the same as the registered office or (2) a corporation whose business office is the same as the registered office.
Under Arkansas law, a professional corporation is formed in order to render services within a single profession that must be licensed by the state. Professional corporations may not engage in any other business, and must comply with particular conventions in its choice of corporate name.
Annual Franchise Tax Report:
A report must be filed with the Arkansas Secretary of State each year. This report must include:
- The name of the corporation and the state or country of incorporation;
- The address of its registered office and the name of its registered agent;
- The address of its principal office;
- The names and business addresses of its directors and principal officers;
- A brief description of the nature of its business;
- The total number and itemization by class and series of authorized shares;
- The total number and itemization by class and series of issued and outstanding shares; and
- Any other information specified by the Arkansas Secretary of State.
A corporation may voluntarily elect to wind up and dissolve. The articles of dissolution must be delivered for filing to the Arkansas Secretary of State.
Income Tax Rate:
The Arkansas state income tax rate is variable, depending on taxable net income. For more information, please visit http://www.state.ar.us/dfa/
S corporation status is recognized by the State of Arkansas. Arkansas does not require a separate annual filing from the S-corporation beyond Tax Return Form AR1100S, and accepts the filing of consolidated shareholder returns under certain conditions.