How to Incorporate in Arkansas (May 2024 Update)

Incorporating a business in Arkansas can provide your company with valuable benefits like liability protection, tax advantages, and increased credibility. While the process does involve some effort on your part, it’s well worth it in the long run. This comprehensive guide will walk you through everything you need to know to form an Arkansas corporation from start to finish.

Why Incorporate in Arkansas?

Before jumping into the how-to steps, let’s first cover some of the key reasons why incorporating in the Natural State makes good business sense:

• Liability protection. Forming a corporation shields your personal assets (like your home or cars) from business debts or legal claims. Creditors can only go after corporate assets.
• Tax savings. Depending on your situation, an Arkansas corporation may pay lower income taxes than other structures like sole proprietorships. S-corps also avoid “double taxation.”
• Fundraising potential. Attracting investors is easier when you’re a corporation. The stock market only deals in corporation shares.
• Credibility. Incorporating lends a professional, reputable image that makes customers and partners feel more secure.

Of course there are also downsides, like more paperwork and startup costs. But for many business owners the benefits outweigh the drawbacks.

Step-By-Step Guide to Incorporating in Arkansas

Ready to move forward with turning your business idea into an official Arkansas corporation? Here is an in-depth walkthrough:

Choose an Available Business Name

Your first task is picking an original name that no other Arkansas corporation is already using. It must include a corporate designation like:

• Corporation
• Incorporated
• Company
• Limited
• Corp.
• Inc.
• Co.
• Ltd.

You can double check name availability using the Arkansas Secretary of State’s database. Make sure to also check for existing trademarks to avoid conflicts.

If after incorporation you want to operate under a different DBA (“doing business as” name), you will need to file for an assumed business name.

Appoint a Registered Agent

An Arkansas registered agent accepts official mail and legal papers on behalf of your corporation. All corporations must designate one. While you can save money by appointing yourself, this makes your contact information part of public record. Using a third-party registered agent service keeps your privacy intact.

Prepare and File the Articles of Incorporation

Drafting and submitting Articles of Incorporation formally registers your business with the state of Arkansas. Fill yours out online ahead of time to speed up the process later.

Here’s what to include:

• Your corporation’s name
• Number and type of stock shares
• Registered agent’s name and address
• Incorporator’s name and address
• Leadership structure
• Business purpose
• Franchise tax contact details

File your finalized Articles by mail or through the SOS website. Payment accepts credit cards or eChecks.

When your filing gets approved, you will receive a Certificate of Incorporation confirming your company’s official legal existence.

Hold an Organizational Board Meeting

The first official board meeting adopts bylaws, appoints initial company directors, and handles any other startup tasks. Record minutes from the meeting to keep with your permanent corporate records.

Bylaws establish operating procedures for director elections, shareholder meetings, decision making policies and more. Adapt a free template to suit your business rather than writing from scratch.

Get an Employer Identification Number

Apply for a federal EIN directly through the IRS website. This unique number identifies your corporation for tax purposes even if you don’t have employees yet.

Many banks require an EIN to open up business bank accounts as well.

Submit a Beneficial Ownership Information Report

In 2024, new U.S. corporations must start providing ownership details to FinCEN, a financial crimes agency. Specifically, disclose identities of “beneficial owners” with significant control, plus the individual who directed company formation.

First-time reports are due within 30-90 days of incorporating in Arkansas, depending on when you form. Updates get filed for any ownership changes down the road.

Luckily these reports remain confidential. Only law enforcement and certain government agencies can access them.

Stay Compliant with Ongoing State Filings

Maintain your incorporation by submitting mandatory reports on time, every time. For Arkansas corporations, you need to file:

• Annual Franchise Tax Report – Due May 1st, this replaces an annual report filing. Calculate your tax using outstanding shares value. Include leadership and contact info updates.
• State Business Tax Returns – Invoice yearly taxes on corporate income with the Arkansas Department of Finance. Rates range from 1-6.5% depending on yearly profits.

You should also renew business licenses, permits and your registered agent agreement as needed. Set calendar reminders so you never miss a critical deadline!

Conclusion

Following the steps laid out above removes the complexity from starting an Arkansas corporation. Take advantage of online filing through the Secretary of State website whenever possible to expedite the process.

Thanks for reading and hopefully you now feel empowered to get your Arkansas corporation up and running. Maintaining compliance does create some ongoing responsibilities. But the rewards of limited liability plus tax savings make things well worth the effort.