Arkansas Articles of Organization is the founding document in your limited liability company (LLC) formation process. These Articles of Organization provide the state with the basic information about your business so that you can conduct business operations as an LLC. But as you operate your business over time, some of this information may change. When this happens, you need to update that information with the state by filing an amendment to those Articles. If this seems overwhelming, don’t worry, we’re here to help. Let’s take a closer look at how to file an amendment to your Arkansas Articles of Organization, why you might need to do so, and how we can help.
Need to start your LLC first? Head over to the page on our Arkansas LLC formation services to see how we can simplify the LLC formation process for you.
Step 1: Determine whether you need to amend your Arkansas Articles of Organization
Your Arkansas limited liability company will grow and evolve with time. Some of the things that served your business in the beginning may need to change to allow progress or go in a new direction. If any information on the original Articles of Organization needs to be changed, you must inform the state using an Arkansas Certificate of Amendment.
Failing to make proper amendments to your Articles of Organization may prevent you from obtaining a Certificate of Good Standing. This document, issued by the Arkansas Secretary of State, certifies that the business has filed all necessary reports and is current on all filing fees and taxes. Inability to obtain a Certificate of Good Standing could limit your business’s ability to raise capital.
Step 2: Gather required information to file your Arkansas amendment
Unlike many states, your Arkansas LLC amendment can take care of virtually all of the changes you need to make to your Articles of Organization. According to Arkansas law, Articles of Organization may be amended or restated at any time.
Your business name may need to be adjusted for marketing purposes or to better convey the purpose of your organization. You still need to ensure that the name you choose is not already in use and adheres to all state guidelines. We can help you with the business name reservation process.
Limited liability company management is vested in members or managers. You can change this on your Arkansas LLC amendment along with member and manager contact information. If you have an additional statement you want to be included, it may be attached.
Every limited liability company or corporation in Arkansas must have a registered agent to receive legal documents and business correspondence. Registered agents are recorded on your Arkansas Certificate of Amendment. This change can also be recorded separately with another form. If you need to acquire or change an Arkansas registered agent, there is no need to spend time searching for one. Consider using our Alabama registered agent service.
The physical address of your business needs to be changed if your company relocates. You may also update your business mailing address on the Change of Principal Office Address Form. This is not the same as your registered agent information.
Tax Contact Information
Your original Articles of Organization include contact information for the person who is responsible for receiving the LLC’s annual franchise tax reporting form. Make sure to update this information so you can remain compliant with all tax obligations.
The Arkansas Certificate of Amendment form is fairly simple but requires detailed information about the following items:
- You need to provide the name of your limited liability company as stated on the original Articles of Organization
- The date that you filed your initial LLC Articles of Organization needs to be included.
- You need to provide detailed information about all of the amendments you are making. It may be necessary to attach additional pages, depending on the amendment.
- Be sure to include the date that the members of the limited liability company adopted the amendment.
- Use this opportunity to inform the state as to whether or not you wish to restate your Articles of Organization.
- You need to include the signature of the person filing the amendment. This person is liable for ensuring the information is correct. Penalties for knowingly filing false information could include fines and imprisonment.
- Lastly, be sure to include the payment for filing fees.
You can file your Arkansas Certificate of Amendment by mail or in-person to the Secretary of State’s office. You can also submit the form online, which tends to be the quicker and easier option.
We can help you simplify the Arkansas Certificate of Amendment process with Worry-Free Compliance service, which includes two amendments annually.
Step 3: File your Arkansas LLC amendment
Once you have completed your Arkansas Certificate of Amendment, you may restate your Articles of Organization, or you may restate at the same time you file the amendment for no additional fee. According to state law, to restate its Articles of Organization a limited liability company must deliver a restatement to the Secretary of State, designated as such in its heading. You can make this designation by filling in section 4 of the Arkansas LLC Amendment form. A restatement allows you to keep all of the important and current information about your business compiled in one document, instead of one document with several amendments.
We can help!
Amending your Arkansas LLC Articles of Organization can turn into quite a process if you are trying to juggle running your business, making changes, getting approvals, and keeping track of paperwork. Our Worry-Free Compliance service includes two amendments annually and can help keep you compliant with all Arkansas state requirements. Let us take compliance pressure off of you so you can get back to running your business.
Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
- Do I need an attorney to amend my Articles of Organization in Arkansas?
You don’t need an attorney to amend your Articles of Organization. You may seek legal counsel when making some of the decisions about amending your Articles of Organization so you understand how changes could impact your business.
- What business changes can be reported in an Arkansas LLC Certificate of Amendment form?
Eligible Arkansas LLC Amendments include the name of your LLC, member and manager information and structure, registered agent, principal business address, and franchise tax contact information.
- Is the Arkansas LLC Certificate of Amendment the same as an annual report?
Arkansas requires an Annual Franchise Tax Report for all limited liability companies. This form is not the same as the Arkansas LLC Certificate of Amendment.
- How long does it take to file an LLC Certificate of Amendment in Arkansas?
Mailed filings are processed within two business days of receipt. In-person submissions are filed the same day, and online submissions are processed the same day if completed before 3:00 P.M.
- What will I receive from the state of Arkansas when the LLC Certificate of Amendment is filed?
You may or may not receive direct confirmation, depending on your filing method. Visit the Arkansas Secretary of State website or call the office to check on the status of your Arkansas Certificate of Amendment.