Form an LLC in Arizona
May 25, 2011
To form an LLC in Arizona, two actions are required by The Arizona LLC Act: 1) file articles of organization with the Arizona Corporation Commission and 2) publish notice of the filing of the articles of organization. Filing of an affidavit of publication of the articles of organization with the Arizona Corporation Commission is optional.
However, those two (or three) steps are a bare minimum to form an LLC in Arizona; in order to provide for the internal governance of the LLC, an LLC operating agreement can be very useful.
1) File Articles of Organization
The Arizona LLC Act requires the Articles of Organization to contain: A) the name of the limited liability company, B) the name, street address in Arizona and signature of the agent for service of process, C) the address of the company's known place of business in Arizona, if different from the street address of the company's statutory agent, D) whether the LLC is member-managed or manger-managed, and E) the names of the managers, if member-managed, or the names of the members, if member managed. (ARS § 29-632)
2) Publish Notice of Filing
The Arizona LLC Act requires: "Within sixty days after the commission approves the filing, there shall be published in a newspaper of general circulation in the county of the known place of business, for three consecutive publications, a notice of the filing of such articles of organization..." (ARS § 29-635)
3) File An Affidavit of Publication
Once the publication requirement has been fulfilled, "[a]n affidavit evidencing publication may be filed with the commission." (ARS § 29-635). This step is optional but encouraged in order to prove that the formation requirements were satisfied.
This brief overview of some important considerations associated with how to form an LLC in Arizona is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.