Arkansas incorporation is a straightforward matter, and this article will tell you all you need to know to incorporate in the State of Arkansas. SunDoc is a business filing company handling all 50 states. You can turn to us to handle some or all of the paperwork for you.

It’s not necessary to have a lawyer when filing paperwork for the formation of a corporation. However, you may require professional consultation on some matters related to the process. Remember that this article should not be considered accounting, tax, or legal advice. Always speak with a licensed professional if you need advice about your unique situation.

Overview

You must file Articles of Incorporation with the Arkansas Secretary of State to form a corporation. There is a filing fee for this process. You also need an available company name and to know which type of corporation you would like to form. Additional required information includes who your registered agent will be, your corporate address, and how many shares you’ll be authorizing the corporation to issue. You may also need to know the number of shareholders your corporation will have, and this will depend on the corporation type you choose.

In addition to the actual filing, you will have to have an EIN or a federal tax ID number. This can be obtained from the IRS. Find out who your directors and any corporate officers will be as well. At your initial Board of Directors meeting, you will appoint officers and adopt bylaws. Bylaws are not necessary to be filed with the state, but you’ll need to list appointed officers in your articles of incorporation.

It is required that you file your first annual report once your company is incorporated. The annual report can be filed with the state for a fee. Your directors and officers will be listed in this document. For advice on Arkansas taxation, speak with a tax attorney or accountant. 

Incorporating

The General Stock Corporation is the most common type of corporation. It has an unlimited number of shareholders potential. Some businesses may choose to form a Close Corporation as well. This puts the limit of shareholders at 35 in the articles of incorporation. Finally, some professionals in Arkansas may choose to form a Professional Corporation.

The forms supplied by Arkansas for download meet the minimum requirements of the Arkansas Corporations Code, but you can create your own to meet your specific needs. Your attorney may well draw up a document from scratch.

To illustrate: the default articles of incorporation limit the corporation to one class of shares. This can be changed in a custom document. Similarly, initial directors can be named in the articles if desired, provided that all directors are included and sign the document.

Every corporation must have three officers: President, Treasurer and Secretary. One person can fill all these roles if desired. Generally a Arkansas corporation must have a minimum of three directors, except for certain cases where no shares have been issued or the shareholders are less than three. Typically the bylaws will describe the number and limit of directors, unless the articles stipulate this.

Methods and times of board meetings must be set in the bylaws, and the powers of directors must be in your bylaws as well. All of this must be in accordance with relevant Arkansas law provisions. If you want to change the articles of incorporation, you must file an amendment with the state. If you want to change your bylaws, you simply need a Board of Directors meeting with directors and shareholders. At all meetings, minutes must be kept.

See our Arkansas Corporate Kit page to obtain a corporate kit for your newly formed corporation from SunDoc. These are useful compilations of documents that your corporation will need, like stock papers, bylaws, and meeting minutes. With our kit, you will also get a corporate seal embosser, and your corporate kit will be customized to your state.

Registered Agent

Every Arkansas corporation is required to have a registered agent, a company or individual reliably available at a known address during business hours, for legal and other communications from the state. This is another service provided by SunDoc to help you outsource your company routine. For full information, see our article: What is a Registered Agent? Why Do I Need One?

Name Search

It’s important that the name you request for your corporation is clearly available for you to choose. You’ll need to check with the records of the Secretary of State of the State of Arkansas to see that it is available. Your filing will be rejected if you choose a name that is not available. Your name cannot mislead the public in any way, and it cannot resemble any other corporation name so closely that it causes deception. Other requirements are in place as well for choosing a name. 

You can run your own name searches in State of Arkansas, or SunDoc can conduct name searches or reserve your corporation name for you. Make sure to spend some time and effort on the development of your corporation name. 

EIN (Employer Identification Number)

You can obtain an Employer Identification Number with the IRS for no charge. You must submit Form SS4. Learn more about having SunDoc apply for an EIN for your corporation on our EIN page.

Next Steps

If you plan to structure your company as an S Corporation, you may want to read our article on C Corporation vs. S Corporation. Providing general information between the two corporate tax structures.

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