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Form a Corporation in Arkansas.

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Choosing a Corporation Name

The name chosen for your corporation must not be the same as or confusingly similar to the name of any other registered or reserved Arkansas business entity, and it may not state or imply that it is organized for some purpose other than permitted by state law or as stated in its articles of incorporation. It must also contain one of the following words or an abbreviation thereof: “Incorporated,” “Corporation,” “Company,” or “Limited.”

You can reserve an Arkansas corporate name for up to 120 days for $25.

Articles of Incorporation

Arkansas state law requires filing of articles of incorporation. The articles must be delivered to the secretary of state by an incorporator

  • Corporation name
  • The corporation’s principal office address
  • Address of initial registered office
  • Name of initial registered agent at that office
  • Name and address of each incorporator
  • Corporate purpose (Arkansas allows a corporation to be formed for any legal purpose)
  • The number of shares the corporation is authorized to issue, including information about stock classes and the par value of each share

Other information that is not required to be listed in the articles-but which the corporation may decide to include:

  • The names and addresses of the initial directors
  • Provisions managing the business and regulating the affairs of the corporation
  • Specific limitations regarding the corporate purpose(s)
  • Provisions regulating the powers of the corporation, its board of directors, and shareholders
  • Personal shareholder liability for the corporation’s debts under certain conditions
  • Provisions eliminating or limiting a director’s personal liability to the corporation or its stockholders for monetary damages in certain situations

Registered Agent and Office

Arkansas corporations must have a registered agent in Arkansas who is designated to receive official state administrative and legal correspondence. The registered agent must be either an individual Arkansas resident whose business office is the same as the registered office, or a corporation whose business office is the same as the registered office.

Bylaws

A corporation is required to keep a copy of its bylaws at its main executive office, but is not required to file them with the state. At its initial meeting, the board of directors should adopt corporate bylaws, and then keep them updated as time goes on. Bylaws describe the corporation’s basic managerial and legal operating principles, including information on:

  • Shareholders and directors meetings
  • The authority, number, and tenure of directors
  • Voting procedures
  • The duties, responsibilities, and tenure of officers
  • How stock is issued
  • How and when annual financial information is provided to shareholders

Directors

Your new Arkansas corporation is required to have at least one director. The articles of incorporation or bylaws may list director qualifications. A director does not need to be an Arkansas resident or a shareholder of the corporation unless so stated in the articles of incorporation or bylaws.

The board of directors is required to elect officers in accordance with the corporation’s bylaws. The titles and duties of corporate officers must be described in the corporation’s bylaws, or they must be 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 will delegate responsibility to one of the officers for preparing minutes of the directors’ and shareholders’ meetings, as well as for authenticating corporate records. The same individual may simultaneously hold more than one office in a corporation.

Requiment Reports

An annual franchise report must be filed with the Arkansas Secretary of State each year. This report must include:

  • The corporation’s name and its state or country of incorporation
  • The address of its registered office
  • The address of the corporation’s principal office
  • The names and business addresses of the corporation’s 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

Taxes

Arkansas’ corporate tax structure consists of six separate brackets with a top rate of 6.5 percent that takes effect when corporate income reaches $100,000. Arkansas’ top rate ranks 30th highest nationally among states with corporate income taxes.

The Arkansas secretary of state recognizes S corporation status. A “subchapter S” corporation or “S corp” is one that chooses to be treated as a pass-through entity for tax purposes in the same way as a sole proprietorship or partnership. Tax-related information for the S corp is filed as part of the owner’s individual income tax. Arkansas does not require filing a separate form for the S corp.

Learn more about incorporating in Arkansas

Filing Time & Price

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silver

$0

+ $50 (state fee)

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The Basics To Get You Started Preliminary company name clearance and filing of Articles of Organization.

FREE Registered Agent for 1st Year Registered Agent service includes 1 full
year not the typical 6 months that some
of our competitors advertise.

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Gold

$149

+ $50 (state fee)

everything from silver+

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EIN / Tax ID Number Providing an EIN is required to open a
business bank account and is required to
file business tax returns.

Personalized Operating Agreement Includes most common provisions to protect members from liability

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Platinum

$299

+ $50 (state fee)

everything from
silver & gold+

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Expedited Filing Expedited processing speeds the turn- around time for your order.

Customized LLC Kit Personalized slip binder and embossed seal with your company name and date of formation.

FedEx Delivery Faster mailing option that includes a track number.

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Commonly Asked Questions For Starting a Arkansas Corporation

How is a Corporation Taxed?
Unlike many other business entities in which the profits pass through to the owners' personal tax return (e.g. LLCs, S Corporations, etc.), the C Corporation is a completely separate taxable entity. The C Corporation pays federal taxes on the net profits (after all expenses, including salaries and bonuses) of the business by filing the 1120 form with the IRS. The after tax profits can be paid out to the owners (shareholders) in the form of dividends, or retained for reinvestment of the business. The first $50,000 of net income is only federally taxed at 15% rate, and the next $25,000 is taxed at a 25% rate. Different states have different rules on how they tax corporations.
What is the Management Structure of an Corporation?
An LLC is typically managed by its members/owners (referred to as member-managed). In that respect an LLC is unlike a corporation, which has a much more rigid and defined management structure, including directors and officers. All owners of the LLC are typically referred to as members, and they can have control and voting interest proportional to their ownership interest, or in proportions different from their ownership interest; however the members agree.
Are Non-U.S. Residents Allowed to Own a Corporation or LLC?
There are no citizenship or residence requirements for ownership of a C Corporation or an LLC. The S Corporation however does not allow nonresident aliens to be shareholders (owner), but any US citizen or resident alien may be a shareholder (owner). You would, of course, require an in state street address for the state to forward official legal and tax correspondence including service of process, known as the registered agent address, but neither residency nor citizenship is required for ownership of a C Corporation or an LLC.
Can I form an Corporation with just one member?
There was a time when almost every state required the LLC to have two or more members, but that is no longer the case. This important change came in response to revised IRS regulations that clearly permitted single-member LLCs. As a result, in most states, if you plan to be the sole owner of a business and you wish to limit your personal liability, you can choose between forming a corporation or an LLC.
What is an Operating Agreement?
The operating agreement is akin to a partnership agreement for a General Partnership or Limited Liability Partnership (LLP). It is an internal contract amongst the members/owners of the LLC, and it lays out such things as ownership interest, member responsibilities, accounting method, adding or removing members, terms for concluding the LLC, etc. It is generally not required by a given state for forming an LLC (with the exception of New York), although it is certainly recommended. When dealing with private companies for financing issues (loans, mortgages, etc.) it may be required by that company. A customizable operating agreement is included with the LLC/Corp Kit.
Can another business entity be a member of an Corporation?

In the majority of states, The members of an LLC can be individuals, corporations, or other LLCs. These members of the LLC can be out of state residents or even foreign nationals. Furthermore there is no limit to the amount of members that an LLC can have.

The flexibility of an LLC in contrast to an S Corporation is stark considering the S corporations are limited to 75 shareholders who must either be United States citizens or Lawful Permanent Residents.

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