Foreign LLC Arkansas Qualification

What is an Arkansas Foreign LLC?

A foreign Arkansas LLC is an LLC originally formed in another state that registers to do business in Arkansas. The process of registering a foreign LLC in Arkansas is called foreign qualification. Foreign qualification is used to register a foreign company so that it may transact business in the state of Arkansas. There are a few requirements when filing an application for registration in Arkansas.

How to Register A Foreign LLC in Arkansas

Foreign LLC Requirements

  1. Names
  2. Original Formation
  3. Registered Agent
  4. Office Address
  5. Franchise Tax Registration

Names

The name of the Limited Liability Company is to be listed. You can choose to list a fictitious name also if your name is unavailable for use in Arkansas.

Original Formation

The state, territory or foreign country where the Limited Liability Company was originally formed will be listed along with the date organized and termination date. If no end date is specific, a perpetual time limit will be stated.

Registered Agent

An Arkansas registered agent must:

  1. Maintain a physical street address (not a PO box) called a registered office
  2. Remain open during regular business hours
  3. Accept service of process (notice of a lawsuit) and official mail on behalf of clients
  4. Contact clients whenever documents arrive in the registered office
  5. Forward all documents to clients in a timely manner

Office Address

The Principal Office of the LLC where it was formed will be disclosed when applying for Certificate of Registration of Foreign Limited Liability Company.

Franchise Tax Registration

In order for your Limited Liability Company to receive its annual franchise tax reporting form, a Limited Liability Company Franchise Tax form must be turned in with your application for a certificate of registration.

How to File an Arkansas Foreign LLC Qualification Document

Steps in registering a foreign company in Arkansas:

  1. The first step to foreign LLC qualification is choosing the name your company will use in Arkansas. If your company’s name is already in use in Arkansas, you will need to designate a different name, one that is not already registered.
  2. To register a foreign LLC, you must file an Application for Certificate of Registration with the Arkansas Secretary of State. This can be mailed, hand delivered or filed online. There is a $300 filing fee ($270 online).
  3. After a foreign LLC qualification is approved, your company will be required to file an annual Franchise Tax Report with the SOS and pay the $150 fee. The report is due by May 1.

 

Foreign Registration Quick Facts

 

How Do I Use a Designated Name in Arkansas?

If your LLC’s name is already in use by another Arkansas LLC or other entity, you must select a Designated Name to do business under within the state. This name is listed on your Application for Certificate of Registration. You must also file a copy of the resolution of your members approving the use of the name (signed by the secretary).

 

Can I Reserve My Company’s Name in Arkansas?

Yes. You may file an Application for Reservation of Entity Name with the Secretary of State. This can be mailed, delivered or filed online. There is a $25 filing fee ($22.50 online). Names can be reserved for a 120 day period. You can also transfer a reserved name to another person by filing a Notice of Transfer. A transfer does not extend the reservation period.

 

Franchise Tax Report

After a foreign LLC qualification is complete, your company must file a Franchise Tax Report each year by May 1. There is a $150 filing fee. The report can be filed online.

 

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