Form an LLC in Arkansas.

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Your LLC’s Name

The name you choose for your Arkansas LLC must be distinguishable from all other registered and reserved business names in the state. The name is not allowed to include words or phrases that could give the impression that the LLC has been organized for some purpose other than that specified in its articles, or one that’s not allowed by state law.

The LLC name also has to have at its end one of the following terms or its abbreviations: “Limited Liability Company”; “LLC” or “L.L.C.”; “Limited Company”; “LC” or “L.C.” The word “limited” may be abbreviated as “Ltd.,” and the word “company” may be abbreviated as “Co.”

An available LLC name may be reserved with the state for up to 120 days for $25, or $22.50 if the reservation is made online.

Articles of Organization

Arkansas law requires that you must file articles of organization with the state for your new LLC before you begin conducting business. These articles must be signed by either all the members listed in the articles of organization or by an organizer, who must also be a member of the LLC. There is also a $50 filing fee.

The articles must include:

  • The name of the LLC
  • The address of the initial designated office
  • The name and address of the initial agent for the LLC (the agent must sign the articles, accepting designation as the agent)
  • The name and address of the organizer(s)
  • Whether the LLC’s duration will be perpetual or for a specific term
  • Whether the LLC will be member-managed or manager-managed
  • If manager-managed, the name and address of the initial manager(s)
  • Whether one or more LLC members are to be liable for the LLC’s debts and obligations

Your new LLC is officially “organized” once the articles of organization are delivered to the Secretary of State and accepted for filing. You may designate a delayed effective date up to 90 days after the date of filing if desired.

Registered Agent and Office

Arkansas LLCs must maintain a registered agent in the state-someone designated to receive official state administrative or legal correspondence. A registered agent for an LLC in Arkansas can be an individual resident, a Arkansas LLC or corporation, or an out-of-state (“foreign”) corporation or LLC with an office in Arkansas.

The LLC’s registered office must be in the state, but is not required to be a place of the LLC’s business.

Operating Agreement

Another very important LLC document is its operating agreement, which can be amended or repealed as specified by the agreement itself. Operating agreements for Arkansas LLCs are not required to be in writing (although it’s an excellent idea), and they may not:

  • Unreasonably restrict a member or manager’s access to information or records
  • Eliminate the duty of loyalty
  • Unreasonably reduce the duty of care
  • Eliminate the obligation of good faith and fair dealing; however, the operating agreement may determine reasonable standards by which the performance of the obligation is to be measured
  • Vary the right to expel a member in an event
  • Vary the requirement to wind up the limited liability company’s business in a case specified
  • Restrict rights of a person, other than a manager, member, or transferee of a member’s distributional interest

Ideally, the operating agreement lists the members, how much they have invested, how profits are divided, and how much weight each member has when votes are taken. It may also list standards for meetings (how much notice, what constitutes a quorum, rules for voting, etc.) and so on, but is not required to do so. Usually, though, the operating agreement restates and/or expands on requirements mandated by the state.

Membership in the LLC

LLCs must have at least one member, and each member may be either a natural person or a registered legal entity who completes the procedural requirements. To become a member, an individual usually has to make a contribution, pay money, or transfer property to the LLC, or else assume an obligation to do so or render some kind of service. If the operating agreement does not specify membership procedures in writing, a person or entity may become a member upon the unanimous consent of all the current members.

A member is dissociated from the LLC when any one of the following event occurs:

  • The LLC receives notice of the member’s express desire to withdraw
  • An event occurs that is agreed to in the operating agreement as causing a member’s dissociation
  • Upon transfer of a member’s distributional interest (other than a transfer for security purposes or a court order charging the member’s distributional interest which has not been foreclosed)
  • The member’s expulsion under provisions of the operating agreement or by unanimous vote of the other members
  • On application by the LLC or another member, the member’s expulsion by judicial determination because the member engaged in wrongful conduct that adversely and materially affected the company’s business
  • An individual member’s death or a judicial determination that the member has otherwise become incapable of performing member’s duties under the operating agreement
  • Substitution and acceptance of a successor trustee
  • Termination of the existence of a member if the member is not an individual, estate, or a trust other than a business trust

Except for a member’s or manager’s wrongful acts or omissions, all debts, obligations, and liabilities of an LLC belong only to the LLC.

Ongoing Requirements

All Arkansas LLCs must file a report with the Arkansas Secretary of State each year between January 1 and April 1, with the first report due in the year following the calendar year of organization. This report will include:

  • The LLC’s name and the state or country under whose law it is organized
  • The address of the LLC’s designated office
  • The name and address of its agent for service of process in this state
  • The address of the LLC’s principal office
  • The names and business addresses of any managers

Also, it’s a good idea for your LLC to keep minutes of the meeting proceedings and committees of the owners or members.


An Arkansas LLC is dissolved when any one of the following events occurs:

  • An event specified in the operating agreement
  • Consent of the number or percentage of members specified in the operating agreement
  • An event that makes it unlawful for all or substantially all of the business of the company to be continued (any cure of illegality within 90 days after notice to the LLC of the event is effective retroactively to the date of the event for purposes of this section)
  • On application by a member or a dissociated member, upon entry of a judicial decree
  • On application by a transferee of a member’s interest, a judicial determination that it is equitable to wind up the company’s business
  • The expiration of the term specified in the articles of organization


An LLC has some tax advantages when compared to a corporation, including the availability of more deductions. However, there is no requirement for an LLC to be a separate tax entity like a corporation. Instead, an LLC can be a “pass-through entity” when it comes to taxes, so that the LLC owner or owners report business losses or profits on their personal tax returns, in the same way that a partnership would.

Arkansas LLCs pay a minimum annual franchise tax of $150.

Learn more about forming an LLC in Arkansas

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

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EIN / Tax ID Number Providing an EIN is required to open a
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Personalized Operating Agreement Includes most common provisions to protect members from liability

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Commonly Asked Questions For Starting a Arkansas LLC

How is an LLC Taxed?
For federal income tax purposes the profits of an LLC (Limited Liability Company) "pass through" to the personal income of the members/owners. In the case of a single member LLC it is taxed the same as a sole proprietorship (i.e. typically filed on the schedule C of the owner's personal income tax filing). In the case of a multi member member it is taxed the same as a partnership (i.e. a 1065 partnership return is filed with the IRS, with a schedule K-1 being supplied to each partner/member showing the proportional profit/loss allocated to them, with this being filed on the schedule C or E).
NOTE: These are general tax explanations and may not apply to everyone. You should confer with the appropriate accounting/tax specialists to make sure you understand your personal tax liability.
What is the Management Structure of an LLC?
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-US Residents allowed to own a Corporation of 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 LLC 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 LLC?

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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