Arizona LLC Formation

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Steven S.

Steven Stark

324 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Richard G.

Richard Gora

176 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Joshua G.

Joshua Garber

231 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Dean S.

Dean Sage

18 reviews
Dean Sage is an attorney at law with over seven years of experience. He is licensed to practice law in California and obtained his legal degree from the University of Michigan Law School. Dean is experienced in dealing with legal matters related to real estate law, tax law and business formation. He is also skilled in legal research and writing, as well as drafting and negotiating commercial contracts.
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Andrea W.

Andrea Worden

2 reviews
Andrea has a well-deserved reputation for doing what is right by her client -- all the time, no matter what. And she has spent the past 12 years building the Worden Law Fir... read more
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Baruch G.

Baruch Gottesman

21 reviews
Baruch Gottesman is a corporate attorney with over a decade of experience. He is licensed to practice law in both New Jersey and New York. Baruch obtained his J.D. degree in law from the Benjamin N. Cardozo School of Law, Yeshiva University. He is skilled in providing legal assistance to startup companies, with exceptional experience in drafting, negotiating and reviewing commercial contracts. Baruch founded his own law firm in January 2010.
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Vanessa M.

Vanessa Mcgill

Vanessa has earned an impeccable reputation by providing the finest legal services in a uniquely streamlined manner. Serving a rapidly growing number of clients across the US, Vanessa assists entrepreneurs with every facet of their business from formation to IP protection. Her strength is the ability to provide high quality, yet affordable legal services.
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Renate H.

Renate Harrison

28 reviews
Renate Harrison provides her clients with legal services as they should be - with compassion, diligence, and attention to detail. Ms. Harrison helps businesses with various transactions, including acquisitions, divestitures, joint ventures, cross-border transactions, corporate financings, and restructurings. She can also help with real estate issues and the unique legal issues that face non-profit businesses.
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James F.

James Finn

2 reviews
James Finn is an attorney at law with 10 years of experience. He is licensed to practice law in New York and obtained his Juris Doctorate degree in law from the University of North Carolina School of Law. James has represented Honeywell, Discovery Communication, ExxonMobil and many other corporate clients. He is experienced in mergers and acquisitions, and often represents startup companies. James is a managing partner of The Finn Law Group.
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Why use UpCounsel to form your LLC in Arizona?

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Why use UpCounsel to form an LLC in Arizona

Starting an LLC in Arizona with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in Arizona with UpCounsel, the attorney you choose to help you will conduct a business name search for your Arizona LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Articles of Organization have been prepared and successfully filed with the Arizona Corporation Commission, your Arizona LLC has been formed and begins its existence as a Corporation entity.

Requirements for Forming a Arizona LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Arizona Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company. A professional LLC must contain the words "professional limited liability company" or the abbreviations "P.L.L.C.", "P.L.C.", "PLLC", or "PLC." The words "limited" and "company" may be abbreviated to "Ltd." and "Co.", respectively.

It must be distinguishable (not the same as or deceptively similar to) the name of an Arizona Limited Liability Company or foreign LLC reserved or registered and the words "Bank", "Banc", and "Bancorp", must be for a company that is a bank and must be approved by the Department of Banking.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your Arizona Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the State of Arizona.

Articles of Organization: When forming an LLC in Arizona, the Articles of Organization must be filed with the Arizona Corporation Commission. Arizona state law requires that certain information be included in your Articles of Organization when forming your Arizona LLC.

This information must include:

  1. The LLC's name and address.
  2. The LLC's duration.
  3. The LLC's registered agent's name, address, and signature (accepting the position).
  4. The LLC's members or managers' names and addresses.
  5. The LLC's duration (whether finite or infinite).

Publication: According to Arizona Law, you are required to publish a copy of the Articles of Organization within after it has been approved by the Arizona Corporation Commission. This must be published in a newspaper designated by the county clerk of the county in which the LLC office is located for three consecutive publications.

Additionally, a Arizona LLC formation generally requires inclusion and/or consideration of the following:

LLC Operating Agreement: Although the LLC operating agreement is not required with the Articles of Organization, it is a good idea for every LLC with more than one member to have one. The Articles of Organization may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. Arizona recognizes operating agreements as governing documents.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at the time of formation and, after formation, at the time provided in and upon compliance with the Articles of Organization or the operating agreement or, if not provided, only upon the vote of a majority in interest of the LLC members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the LLC's operating agreement.

Business Licenses: Business licenses and/or permits are required for most LLC's offering specific professional services. Contact the Arizona Corporation Commission for specific licenses.

Resident Agent needed for a Arizona LLC

Remember every Arizona LLC must have a registered agent in the state, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The statutory agent must be an Arizona full-time resident or business entity registered with the Arizona Corporation Commission.

Arizona Corporation Commission

Once you create an LLC in Arizona, the Arizona Corporation Commission will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the Arizona Corporation Commission.

Recurring Responsibilities and Duties for Arizona LLCs

Annual Report: Arizona does not require LLCs to file an annual report.

Records: Each Arizona LLC must keep complete Corporation records open to inspection at its principal office.

Filing Fees for a Arizona LLC

The processing fee for the Articles of Organization is generally about $50 but may be expedited online for additional fees. Also, the filing and reservation of the LLC's name is $10 but may also be expedited. These fees can change so it would be best to check with the Arizona Corporation Commission on what the latest fees are. You may pay these fees in many different forms including cash, check, money orders, or debit and credit cards.

Taxes for a Arizona LLC

A Arizona LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity", so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

Arizona state law follows federal law for income tax purposes. Therefore if the LLC is classified as an association taxable as a corporation for federal income tax purposes, so will it be taxable as a corporation for state tax purposes.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in Arizona as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the Limited Liability Company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

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