When a business organization is formed, it has to be registered with the State’s Article of Organization. This process allows an organization to register as a legal entity and have protection from individual member lawsuits or creditors.
As seasoned professionals with 10 years of experience in business law, we understand the complexities of filing Articles of Organization.
Therefore, we dedicated countless hours to researching the latest regulations and procedures. We consulted legal experts to provide a comprehensive guide on filing Arizona Articles of Organization.
This guide will walk you through the steps, requirements, and important considerations for filing Arizona’s Articles of Organization of an LLC.
Quick Summary
- Filing an LLC’s Articles of Organization in Arizona involves obtaining the required forms, providing accurate information about the LLC, and paying the filing fee of $50 to $75
- Important steps in the filing include selecting a unique LLC name, providing the LLC's principal place of business, and statutory agent
- The recommended post-filing requirements may include creating an operating agreement, obtaining an EIN (Employer Identification Number), and opening a business bank account
Steps to Filing Articles of Organization for Arizona LLC
Here are the steps you’ll follow to file Arizona LLC Articles of Organization:
1. Get Your Articles Of Organization Forms
The first step to filing Articles of Organization is to gather the required information.
These forms are the official documentation that establishes your LLC in the state.
To begin the filing process, obtain the Articles of Organization forms directly from the official website of the Arizona Corporation Commission (ACC) [1].
There are three main forms required to be filed with the Arizona Corporation Commission for a Foreign LLC:
- Articles of Organization
- Statement of Name Reservation (if no business name is selected)
- Application for Registration as a Foreign Limited Liability Company.
You can also get the forms from an Arizona Corporation Commission office representative.
Ensure you have the latest version of the form to avoid discrepancies.
2. Fill Out the Articles of Organization
Once you have obtained the official Articles of Organization forms, carefully read the instructions. Pay close attention to the required information and provide accurate and complete details.
The articles will include basic information about your organization, including:
- Entity Name: Choose a unique and distinguishable name for your LLC. The name must comply with Arizona Corporation Commission and includes the required designation "LLC" or "L.L.C” [2]. Then apply to reserve an Arizona limited liability company name.
- Principal Place of Business: Provide the physical address where your LLC's primary office or place of business is located. This address will be used for official correspondence.
- Statutory Agent: Appoint an LLC statutory agent, a registered agent, who will act as the point of contact between your LLC and the state. The statutory agent must have a physical address in Arizona and be available during regular business hours [3].
- Governing Authority: Indicate what authority your Arizona LLC will use to conduct business. It is up to you which governing law you select, but you should make sure it best represents your organization.
3. File the Articles of Organization
After you have filled out the Arizona LLC articles at the Arizona Department, you must sign and date them.
You can sign as an individual or a representative on behalf of your Arizona LLC.
If an agent files the Arizona LLC articles on your behalf, they must include a copy of their notarized agency authority with your application.
Remember: Your filing will not be accepted without including the $50 fee.
The articles must be sent to the AZCC in one of two ways:
- Using our online filing portal.
- By mail using form ACD 201.3 (fill-able)
If your professional limited liability company is already recognized in another state, you’ll not be required to file Arizona LLC Articles of Organization.
However, if you choose to do so, the articles should be sent in duplicate with a statement about your LLC's registration in another state and a copy of your foreign registration document.
The following are the requirements:
- A professional LLC in Arizona must follow many more regulations, and you must have completed the same tests.
- The LLC's name
- The service your LLC provides
- Arizona Registered agent's name and address
- The business address of the LLC in Arizona
- Whether the LLC is member-managed or manager-managed, and
- A name, address, and contact information for the LLC's creator
The articles may be completed and filed electronically or by postal mail. You can obtain a copy of the Articles of Organization form from the Arizona Corporation Commission website and file it via regular mail.
Include a copy of the Statutory Agent Acceptance form with your Articles of Organization.
4. Pay Filing Fees
The filing fee for an LLC is $50, which covers a single-member Arizona LLC. For multi-member LLCs, the fee is $75. The actual cost can change without notice to us.
The filing fees will be whether you choose online application or application by paper.
If you submit your Articles of Organization and pay $50, your LLC will be recognized in 14-16 business days [4].
A signed Statutory Agent Acceptance form is required. If you don't submit the form, the system won't allow you to select a $50 filing fee at checkout.
If you must submit a paper application and pay $85, this filing may approve your Arizona LLC in just one day.
Your Statutory Agent will accept their position by clicking an email link from the AZCC instead.
As a result, as soon as the Arizona Corporation Commission receives the Statutory Agent Acceptance form, your Arizona LLC will be recognized.
Post-Filing Requirements
Once you have filed your LLC Articles of Organization in Arizona, there are several important post-filing requirements that you need to fulfill.
These requirements are essential to ensure that your LLC remains compliant with the law and operates smoothly.
1. Create An Operating Agreement
If you choose a multi-member LLC in Arizona, it is highly recommended that you draft an LLC operating agreement. The AZCC does not require your LLC to have an operating agreement.
However, the members will be placed into a default management structure without one.
Drafting one can protect both yourself and your partners from serious legal disputes and prevent misunderstandings about the responsibilities and rights of each LLC member.
An operating agreement should include clauses that cover how your LLC in Arizona will be run, including financial matters, roles within the company, what happens in a member's absence or death, and anything else you feel is relevant.
2. Get An EIN
Filing an LLC in Arizona is a great way for small businesses to establish themselves as their entity and decrease overhead costs.
Although, they lack a traditional corporation's or business income tax benefits, including limited liability and taxation as a separate entity.
So, if you want to receive these benefits, your LLC must apply for an EIN (Employer Identification Number).
A Federal Employer Identification Number is a nine-digit number that the Internal Revenue Service uses to identify your company [5].
Without it, your business cannot open bank accounts, get credit or loans, or even issue W2s. You can apply for an EIN by mail on Form SS-4 (fillable).
3. Open A Business Bank Account
With an EIN, you can open an LLC bank account. This will make it easier for your company to collect funds, pay bills, and track your transactions.
The only requirement is that the name on the account must match the LLC's name exactly.
If you plan to open a personal account for your LLC, draft a resolution to do so. With this, your bank will be more willing to help if there is an issue with the account.
4. Get Licenses And Permits
Depending on what your professional Limited Liability Company does, you may need to get federal business licenses and permits.
An occupational license is a legal document that allows your company to operate in a commercial capacity. This license is required for various professions, such as lawyers and doctors.
A business license is necessary for any commercial or public offering activity your Arizona LLC conducts. This can include advertising, selling goods, renting out space, etc.
Another type of license is a sales tax permit. This allows you to collect state and local taxes on your company's products. You must apply for this at both the state and local levels.
FAQs
How Do I Get Articles of Organization in Arizona?
You get the Articles of Organization form from the Arizona Corporation Commission website and file it via regular mail. Include a copy of the Arizona LLC Statutory Agent Acceptance forms with your articles.
What Is an Article of Organization Arizona?
An Article of Organization Arizona is a document that establishes your company and its official existence. It contains vital information such as the company's name, address, registered agent, and business purpose. This must be filed with the AZCC by mail or electronically.
Do Articles of Organization Need to Be Published in Arizona?
Articles of Organization do not need to be published in the state. Publication requirements only apply to certain corporations. Arizona Revised Statutes do not mandate publication for LLCs, making it unnecessary for LLC owners to fulfill this requirement.
Is an LLC Operating Agreement Required in Arizona?
An LLC operating agreement is not required in Arizona. However, the members will be placed into a default management structure without one.
This can lead to serious legal disputes, so it's recommended that you draft one even if it's not required by Arizona law.
Arizona Articles of Organization
Filling out Arizona Articles of Organization requires completing the required forms, providing accurate information about the LLC, and paying the applicable fees.
It is important to follow the ACC's guidelines and ensure accurate information.
You can consult legal professionals like ZenBusiness or utilize online resources from reputable sources. This may aid in navigating the process and ensuring compliance with Arizona state regulations.
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References:
- https://www.azcc.gov/docs/default-source/corps-files/forms/l010-articles-of-organization.pdf
- http://azcc.gov/corporations/naming-policy
- https://www.jacksonwhitelaw.com/az-small-business-representation/arizona-statutory-agent/
- https://howtostartanllc.com/form-an-llc/how-long-does-it-take-to-form-an-llc-in-arizona
- https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers
