The first major decision for new business owners is what type of legal entity to form. I take you through all the options and provide advice regarding the entity form that’s best for you.
For a Limited Liability Company (LLC), after you file your Articles of Organization with the Arizona Corporation Commission, I can prepare a custom operating agreement that anticipates the company’s evolving needs, allowing for changes in ownership over time, and outlining the process for making decisions, resolving disputes, and distributing profits.
For a corporation, after you file your Articles of Incorporation and Certificate of Disclosure, I create bylaws, board and shareholder resolutions, and shareholder agreements to make sure your entity complies with state law.
If your corporation is a non-profit, I will draft your Articles of Nonprofit Incorporation and create the various documents that are required to get approved as an IRS tax-exempt organization.
For all business types, I help owners put in place buy/sell and transfer agreements when ownership changes, whether a single person is selling or buying an interest, or the whole business is sold.
Ensure that your new business is set up for success by contacting the Law Office of Wendy Anderson to discuss the documentation you need to get started.
The firm does not provide formation services for Arizona for-profit entities. For information on how to form your own for-profit LLC or corporation, see my blog article
here.
Forming an LLC in Arizona can be accomplished by completing Articles of Organization on the Arizona Corporation Commission website, or by mailing in paper Articles of Organization, and paying the required fees.
Forming a corporation in Arizona can be accomplished by completing Articles of Incorporation on the Arizona Corporation Commission website, or by mailing in paper Articles of Incorporation, and paying the required fees.
A Statutory Agent is a person who agrees to accept legal papers on the LLC’s or corporation’s behalf. The Statutory Agent must have a physical address in Arizona, but this can be an office or a residence, and the Statutory Agent can be any person age 18 or older that can generally be found at that physical address.
The processing times at the Arizona Corporation Commission vary, but expediting is available for additional fees, if the processing is needed in one day or week.
Arizona does not require an operating agreement for an LLC. However, creating this agreement, and abiding by it, is important for the long-term success of the company. The Members of the LLC will have the chance to think about and then document their roles and responsibilities, and important issues like when a distribution can be declared, and what happens when one Member leaves the LLC.
Registering an LLC in Arizona costs $50 with the Arizona Corporation Commission, according to Arizona statute. To expedite your processing, additional fees are charged.
Arizona does not require that LLCs file an annual report or pay an annual fee.
Business owners can create a legal entity by filing articles of incorporation (for a corporation) or articles of organization (for an LLC) with the Arizona Corporation Commission. An attorney can assist with this, or other third-party agency.
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