Arkansas: Domestic LLC Formation Filing Requirements
The short answer
An Arkansas LLC files an organizer-signed Certificate of Organization stating its compliant name, principal-office street and mailing addresses, and registered-agent information. The current filing costs $45 online or $50 on paper and includes a no-fee franchise-tax contact registration; the LLC forms when the certificate becomes effective and at least one person has become a member or manager. A delayed effective date of up to 90 days is allowed, and no formation publication or separate initial report is required.
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This is the general rule in Arkansas. Ezel applies current Arkansas law to your specific facts and answers with citations to the statutes.
| Governing law and filing record | Arkansas Uniform LLC Act; Secretary of State Certificate of Organization (Ark. Code § 4-38-201) |
|---|---|
| Organizer and signature | 1+ persons may organize; initial certificate signed by at least one organizer, who need not already be a member. Signer states name/capacity and affirms accuracy under penalty of perjury (§§ 4-38-201, -203, -205, -206) |
| Required entity and purpose terms | Distinguishable name with Arkansas LLC designator; no purpose or duration clause required. Any lawful purpose; perpetual duration (§§ 4-38-108, -112, -201) |
| Addresses and service fields | Principal-office street AND mailing addresses; commercial agent name only, or noncommercial agent/office-position name and Arkansas street/mailing address (§§ 4-38-201(b), 4-20-104–105) |
| Management and owner disclosure | Statute requires no management election or owner list; current LL-01 nevertheless asks for one member or manager name/title for franchise-tax purposes (SOS form, rev. 1/25) |
| Optional and restricted provisions | Other statements allowed, but cannot override § 4-38-105(c)–(d); certificate cannot operate as a statement of authority. Delayed date may be stated (§§ 4-38-201(c), -207) |
| Filing method, fee, and attachments | Online $45 or paper $50; current paper LL-01 includes the no-fee franchise-tax contact page. No separate ordinary-LLC formation attachment listed (SOS, as of July 29, 2026) |
| Formation and effective date | Formed when certificate is effective AND at least one person is a member or manager; filing-time or later time/date up to 90 days. Pending delayed filing may be withdrawn (§§ 4-38-201(d), -207, -208) |
| Publication and initial follow-up | No formation publication or separate initial report. File no-fee franchise-tax contact registration with LL-01; first franchise tax is due May 1 of the year after formation (SOS form, rev. 1/25) |
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Requirements one by one
Governing law and filing record
Arkansas uses a Certificate of Organization under the Uniform Limited
Liability Company Act. Section 4-38-201 requires delivery to the Secretary of
State and limits the statutory minimum to the company name, principal-office
addresses, and registered-agent information.
Organizer and signature
One or more people may organize the LLC, but only one organizer signature is
required under § 4-38-203(a). The statute permits an agent to sign and requires the signer’s name
and capacity; no seal, attestation, acknowledgment, or verification is needed.
The signature affirms the filing’s accuracy under penalty of perjury.
The organizer does not have to be the person who ultimately owns the LLC.
Formation separately requires at least one person to have become a member or
manager when the certificate becomes effective.
Required entity and purpose terms
The name must use an Arkansas LLC identifier under § 4-38-112(a) and satisfy
the current distinguishability standard in § 4-38-112(c). Arkansas does not require a purpose
or duration clause in the certificate. Section 4-38-108 instead permits any
lawful purpose and supplies perpetual duration.
Addresses and service fields
The statutory certificate states both the street and mailing addresses of
the principal office. It also carries the registered-agent filing information:
a commercial agent’s name, or the identifying and Arkansas-address information
for a noncommercial agent or an office or position used for service.
Management and owner disclosure
Section 4-38-201 does not require the certificate to elect member- or manager-
management or disclose every owner. The current LL-01 nevertheless adds a
franchise-tax field for the name and title of at least one person identified as
a member or manager.
Optional and restricted provisions
The certificate may contain other statements, but § 4-38-201(c) preserves the
statutory limits referenced in § 4-38-105(c)–(d). A certificate clause also
cannot serve as a statement of authority.
Filing method, fee, and attachments
The Secretary of State currently accepts online filing for $45 or a paper
LL-01 for $50. The paper packet includes a no-fee franchise-tax contact
registration to be filed at the same time. The current forms-and-fees page lists
no additional ordinary-LLC formation attachment.
Formation and effective date
The LLC forms only when two conditions meet: the certificate has become
effective, and at least one person has become a member or manager. Under
§ 4-38-207, the filing may take effect when filed, at a later time that day, or
on a specified date and time no more than 90 days later.
A delayed filing may be withdrawn before it takes effect. Once the Secretary of
State files the withdrawal statement, the original transaction does not take
effect.
What trips people up
The current paper form does not display a separate principal-office mailing-
address field even though § 4-38-201(b)(2) requires both street and mailing
addresses. It also has no printed delayed-effective-date box even though
§ 4-38-207 permits a delay of up to 90 days. Confirm the filing office’s current
method for supplying either item rather than treating the blank form as the
entire statutory rule.
The franchise-tax page is not a newspaper-publication requirement or a later
initial report. It is a no-fee contact registration filed with LL-01. The form
states that the first franchise tax is due May 1 of the year after formation.
Common questions
Do I file the operating agreement with the certificate?
No. Section 4-38-201 identifies the certificate as the public formation record
and does not list the operating agreement among its required contents.
Does reserving a name create the LLC?
No. Arkansas Code § 4-38-113(a) reserves exclusive use of an available name for 120 days.
Formation still requires an effective Certificate of Organization and at least
one member or manager.
Is a newspaper notice required?
No statewide formation-publication or proof filing appears in the Act’s
formation provisions or the Secretary of State’s current LL-01 filing package.
Statutes and sources
- Ark. Code §§ 4-38-108, -113, -201, -203, -205, -206, -207, and -208 —
purpose and duration, name reservation, certificate contents, execution,
formation, delayed effectiveness, and withdrawal. Official 2021 Act 1041.
https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2FACT1041.pdf
(accessed July 29, 2026). - Ark. Code § 4-38-112 — current LLC name and distinguishability rule.
Official 2023 Act 256.
https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT256.pdf
(accessed July 29, 2026). - Ark. Code §§ 4-20-104 and -105 — agent-filing address and appointment
fields. Official 2007 Act 638.
https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2007%2FPublic%2F&file=638.pdf&ddBienniumSession=2007%2FR
(accessed July 29, 2026). - Arkansas Secretary of State Form LL-01, rev. 1/25 — current paper
certificate, signer declaration, franchise-tax contact page, and first-tax
timing. https://www.sos.arkansas.gov/uploads/bcs/LL-01_1.pdf (accessed July
29, 2026). - Arkansas Secretary of State domestic LLC forms and fees — online and
paper routes, $45/$50 fees, and no-fee franchise-tax registration.
https://www.sos.arkansas.gov/business-commercial-services-bcs/forms-fees/llc
(accessed July 29, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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