Filing a Foreign Corporation or LLC in Arkansas

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Related: Get an Arkansas Registered Agent

If your company was not incorporated in Arkansas, but you wish to do business there, you need to apply for an Arkansas Certificate of Authority.

Known as Foreign Qualification, this process allows a company formed in Delaware (or any other state) to legally transact business in Arkansas.

Please note: information on this page is accurate to the best of our knowledge. However, requirements and costs can be changed by states at any time and Harvard Business Services cannot guarantee the accuracy of this information.

How to Get Authority to Do Business in Arkansas:

When applying for a Certificate of Authority (corporations) or Certificate of Registration (LLCs) in Arkansas, foreign entities have to provide a Certificate of Good Standing from their state of domicile, dated within 90 days.

In addition, you must appoint and maintain an Arkansas Registered Agent at all times and include this information on your application. We can provide this service for just $99 per year.

Arkansas requires an application to be submitted along with a filing fee of $270. 

Harvard Business Services can assist with your application so you don’t have to deal with the Arkansas Secretary of State directly. We do charge our own fee for this service, in addition to the state fees. The exact fee can vary based upon whether your company is already filed and whether you need us to obtain additional documents to meet the state’s requirements. Contact us for an exact quote.

How Do I Know if I Need an Arkansas Certificate of Authority?

If you plan to do business in the state of Arkansas and are incorporated elsewhere, you will generally have to obtain Foreign Qualification. Typically, “doing business” is defined by activities such as maintaining a physical office or having employees in the state.

Like many other states, the Arkansas statutes use some generic language identifying example activities that do not constitute doing business in the state:

  1. Maintaining, defending or settling any proceeding.
  2. Holding meetings of the board of directors or members or carrying on other activities concerning internal corporate affairs.
  3. Maintaining bank accounts.
  4. Maintaining offices or agencies for the transfer, exchange and registration of memberships or securities or maintaining trustees or depositaries with respect to those securities.
  5. Selling through independent contractors.
  6. Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts.
  7. Creating or acquiring indebtedness, mortgages and security interests in real or personal property.
  8. Securing or collecting debts or enforcing mortgages and security interests in property securing the same.
  9. Owning, without more, real or personal property.
  10. Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature.
  11. Conducting affairs in interstate commerce.

This list is not exhaustive. See the Arkansas Laws and Statutes for additional information.

Keep in mind that even if the state of Arkansas does not require a Certificate of Authority for a specific activity, a bank, vendor or another party can still require it in order to establish a relationship.

Arkansas Annual Report Requirements

If you have Foreign Qualification for a corporation or LLC in Arkansas, you will be required to file an annual report in order to keep your company in good standing status with the state. The annual LLC renewal fee is a flat $150.

The fee for corporations depends on whether the corporation has stock issued. If so, the fee is either $150 or 0.3% of the outstanding capital stock, whichever is greater. If the corporation does not have stock, the fee is a flat $300.

In addition, the annual requirements above are independent of requirements you may have in Delaware or other states.

Since 1981, Harvard Business Services, Inc. has helped form 232,019 Delaware corporations and LLCs for people all over the world.

Registered Agent Service

Harvard Business Services, Inc. guarantees your annual Delaware Registered Agent Fee will remain fixed at $50 per company, per year, for the life of your company.