Articles of Organization in Arizona | How to File in 2023

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File Articles of Organization in Arizona

Forming a Limited Liability Company (LLC) is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is registering the Articles of Organization with the Arizona state agency. This article will provide a comprehensive guide on How to File Articles of Organization in Arizona.

Webinarcare Editorial Team will help you guide and understand the necessary steps to file for Articles of Organization. You must be guided by all the factors gathered in this article.

What is Articles of Organization?

Articles of Organization is a legal document filed with the Arizona Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Statutory Agent, and management structure. Once filed and approved by Arizona, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

How to File Articles of Organization

Aside from hiring a Statutory Agent, you should also be aware that a Statutory Agent should file Articles of Organization in your Arizona LLC. Here are the steps and guidelines for filing. 

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.”
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, Arizona Corporation Commission eCorp, usually available on the Arizona Secretary of State’s website.

Step 2: Appoint a Statutory Agent

Statutory Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your Arizona LLC. Most states require LLCs to designate a Statutory Agent when filing the Articles of Organization. The Statutory Agent must have a physical address in the state and be available during regular business hours.

It’s essential to choose a reliable and responsible Arizona Statutory Agent, as failure to receive and respond to legal documents can have serious consequences for your business. 

You can serve as your own Statutory Agent or appoint a friend, family member, or professional Arizona Statutory Agent Services.

Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your Arizona LLC. While the specific requirements in Arizona, the document  includes the following information:

  • The LLC’s name
  • The name and address of the registered agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In Arizona, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation. 

Consult the Arizona guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the Arizona Secretary of State. The submission process may vary depending on the method of choice; Arizona allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the Arizona Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the state’s Arizona Business Name Search to see if the business name you want to use is available there. When submitting, you must include a copy of your name reservation and your completed Articles of Organization form.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the Arizona Secretary of State
  • Complete the necessary details in the form 
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the Arizona LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to Arizona Corporation Commission, Corporate Filings Section, 1300 W. Washington St., Phoenix, AZ 85007.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In Arizona, the Articles of Organization fee costs around $50 which you can pay in the Arizona Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out Arizona LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your LLC Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in Arizona can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in Arizona is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In Arizona, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax.  As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your personal tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in Arizona Department of Revenue.

In terms of franchise tax for your LLC in Arizona, there is No franchise tax. Consult your Arizona Department of Revenue and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Annual Reports, paying required fees which cost 1 year (though it is not mandatory to file one), and keeping accurate records of your LLC’s activities. Stay informed about Arizona specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in Arizona?

Yes, the Articles of Organization is necessary to be filed with Arizona Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Statutory Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by Arizona.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the Arizona Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

What form do I need to file to create an LLC in Arizona?
You’ll need to file Articles of Organization with the Arizona Corporation Commission.
How much does it cost to file Articles of Organization in Arizona?
The filing fee is $50 plus a $25 expedited processing fee (if you choose that option).
Can I file Articles of Organization online in Arizona?
Yes, you can file online or by mail.
How long does it take to process Articles of Organization in Arizona?
It takes about 3-5 business days for regular processing.
Can I expedite my Articles of Organization filing in Arizona?
Yes, for an additional $25 fee, you can have expedited processing within 24 hours.
Is a registered agent required in Arizona to file Articles of Organization?
Yes, you must have a registered agent listed on your Articles of Organization.
What are the requirements for a registered agent in Arizona?
The registered agent must have an Arizona street address and be available during business hours to receive legal documents.
Can I act as my LLC’s own registered agent in Arizona?
Yes, as long as you have an Arizona street address and are available during business hours.
Can I file a Certificate of Good Standing with Articles of Organization in Arizona?
No, a Certificate of Good Standing cannot be filed with Articles of Organization in Arizona.
Do Arizona LLCs need to file an annual report?
Yes, Arizona LLCs are required to file an Annual Report to the Corporation Commission every year.
How much does it cost to file an annual report for an LLC in Arizona?
The fee for an Arizona LLC’s Annual Report is $0.
What is the due date for filing an LLC Annual Report in Arizona?
The due date is the anniversary date when your LLC was originally filed.
Can I file my LLC’s annual report online in Arizona?
Yes, you may file the LLC Annual Report online or by mail.
What is an LLC’s tax structure in Arizona?
Arizona LLCs have a pass-through tax structure, which means the company’s profits and losses flow through to the owners.
Does Arizona have a franchise tax for LLCs?
No, Arizona does not have a franchise tax.
Can I have a single-member LLC in Arizona?
Yes, Arizona allows single-member LLCs.
Do Arizona LLCs need an operating agreement?
While not required by Arizona law, it is recommended to have an operating agreement for your LLC.
What information is required on the Articles of Organization in Arizona?
Your name, address, registered agent name and address, and the name and address of each member or manager.
Can I change the name of my LLC after filing Articles of Organization in Arizona?
Yes, you can file an amendment to change your LLC name.
Can non-residents form LLCs in Arizona?
Yes, non-residents can form LLCs in Arizona.
Are there any restrictions on foreign LLC ownership in Arizona?
There are no restrictions on foreign LLC ownership in Arizona.
What is the LCLAA in Arizona?
The Arizona Limited Liability Company Association is a nonprofit organization that provides training, education and advocacy on LLCs.
Where do I find a blank copy of Articles of Organization in Arizona?
You may download a blank copy of Articles of Organization on the Arizona Corporations Commission website.
Do I need a lawyer to form an LLC in Arizona?
No, you do not need a lawyer to form an LLC in Arizona.
What are the consequences of filing incomplete Articles of Organization for an LLC in Arizona?
Filing incomplete or inaccurate Articles of Organization could result in additional filing fees, having your application denied or having issues with your legal status later on.
Does Arizona allow for series LLC formation?
Yes, Arizona allows for series LLC formation.
Will my LLC be recognized outside of Arizona?
Yes, your LLC is recognized in any state you want your company to operate or expand.
Can multiple LLCs exist with the same name in Arizona?
No, the Arizona Corporations Commission must approve LLC names before filing.
Can I file assumed name/certificate of trade name with the Arizona secretary of state?
Yes, business owners required to register an assumed name with the Arizona Corporation Commission.
What is an LLC?
An LLC refers to a limited liability company.
Why should I register an LLC in Arizona?
Registering an LLC in Arizona has legal and tax benefits that make it a smart business decision.
What is the cost of registering an LLC in Arizona?
The filing fee for an LLC in Arizona is $50.
What paperwork do I need to fill out?
To establish an LLC, the Articles of Organization form must be completed and filed with the Arizona Corporation Commission.
Can I file the articles of incorporation online?
Yes, you can file the articles of incorporation online via the Arizona Corporation Commission’s website.
How much time does it take to have my LLC formed?
Arizona has an expedited option, which allows you to have your LLC formed within 24 hours. Without expedited service, it can take up to three weeks to form an LLC.
Do I need a registered agent in Arizona?
Yes, each LLC must nominate a registered agent in Arizona.
Who can be a registered agent?
A registered agent can be another individual or a company.
Can the registered agent be a member of my LLC?
Yes, a member of your LLC can act as the registered agent.
What are the requirements for a business address in Arizona?
By law, your LLC is required to maintain a principal place of business within the state of Arizona.
Must I submit a Consent to Statutory Agent Appointment form?
Yes, you are highly recommended to submit a Consent to Statutory Agent Appointment form, also referred to as a RA Consent form, with the applications.
Do Arizona-based LLCs need a state tax ID number?
Arizona-registered LLCs are not required to obtain a state tax ID number.
What’s the publication requirement for LLCs in Arizona?
LLCs in Arizona are not required to publish in newspapers after registering.
Do I have to disclose my name on the LLC application in Arizona?
Yes, the person filing the LLC application should provide their name and address details.
How many members must an LLC have in Arizona?
An Arizona LLC must have one or more members.
Are there annual fees for running an LLC in Arizona?
Yes, there is an annual fee of $0 for Arizona-registered LLCs.
What if I change my mind after submitting the Articles of Organization?
You have a period of 30 days to dissolve your LLC after submitting your Articles of Organization.
What is a foreign LLC in Arizona?
A foreign LLC is one that was created under the laws of a different state.
Can I name my Arizona LLC whatever I want?
LLCs in Arizona must follow the rules provided while naming, and should avoid using restricted words like ‘bank,’ ‘city,’ or “corporation” unless qualified and approved first.
Does an out-of-state LLC need a registered agent in Arizona?
Yes, all foreign LLCs must maintain a registered agent in Arizona.
Do I have to file Arizona state tax returns for my LLC?
Only LLC taxed as a corporation or partnership by the IRS need to file with the state.
Does the Arizona Corporation Commission approve LLC filings?
Arizona Corporation Commission approves all filings and creates LLCs within the state.
How do I file a restated Articles of Organization form for my LLC in Arizona?
A restated Articles of Org form should be filed to update the key provisions of an LLC’s formation documents.
Can I make changes to my Arizona LLC’s articles after we start the LLC?
Yes, you can make amendments to your Arizona LLC’s articles after creating an LLC.
Do I need an expeditor to help me form an LLC in Arizona?
No, it’s not necessary to hire an expeditor, even though an expeditor can deliver quicker service.
Does Arizona recognize Series LLCs?
Yes, Arizona enacted legislation that approves and acknowledges the existence of Series LLCs.
Can my LLC’s name be reserved in Arizona?
Yes, you can reserve an LLC name in Arizona for up to 120 days by filing a Reservation of Name form and paying a fee of $10.
What consequences are faced when the submission of LLC formation doesn’t follow all little steps in Arizona?
Failing to follow all filing acknowledgement can lead to delays, rejections, and other legal issues when forming an LLC in Arizona.

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Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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