The name of your new Arizona LLC must not be identical to an existing Arizona entity name or tradename issued by the Arizona Secretary of State. If your LLC name is the same as an existing company name or tradename, the Arizona Corporation Commission will reject the Articles of Organization and you will have thirty days to resubmit the Articles of Organization with a different name.
Before you prepare your Articles of Organization, check the Arizona Corporation Commission's website at http://tinyurl.com/72djz5 and make sure your desired name is not already taken. See the Arizona Corporation Commission's naming standards at http://tinyurl.com/24jruvn.
Prepare & File Articles of Organization with the Arizona Corporation Commission
Fill out the Arizona Corporation Commission's form Articles of Organization located here: http://www.keytlaw.com/accforms/llcaoo.pdf. Sign the Articles of Organization and file it with the Arizona Corporation Commission at 1300 West Washington, Phoenix, Arizona 85007-2929 with a check for $50 (standard filing fee) or $85 (expedited filing fee). I recommend you pay the $85 fee or it could be as long as two months before the Arizona Corporation Commission approves your new LLC.
Publish a Notice of Publication in an Approved Newspaper
Within sixty days after the date the Articles of Organization were filed with the ACC, you must publish a Notice for Publication for three consecutive publications in a newspaper of general circulation in the county of the company's known place of business in Arizona. When the ACC approves your Articles of Organization, it will send the approved document to you with a Notice of Publication form and list of approved newspapers.
Complete the Notice of Publication form and deliver it to an approved newspaper for publication. You will have to contact the newspaper and arrange to pay the cost of publication in advance. Publication in Maricopa County is generally between $40 - $60. Newspapers in other Arizona counties charge more. There is only one approved newspaper in Yuma County and it rips off the public by charging 3 - 4 times more than the cost of publication in Maricopa County.
File an Affidavit of Publication with the Arizona Corporation Commission
Although the Arizona Corporation Commission no longer terminates an LLC that fails to file an affidavit of publication with the ACC, I recommend that all newly formed Arizona LLCs always file the affidavit with the ACC because:
1. Arizona law requires that every LLC publish a Notice of Publication
2. The ACC will scan the Affidavit of Publication and keep in on file, which means you can easily prove the LLC satisfied the publication requirement. Filing the Affidavit of Publication with the ACC makes it easy to prove years later that the company published if it is ever challenged in court by a creditor trying to pierce the veil and hold the owners of the LLC liable for the LLC's debts.
Most newspapers will send the Affidavit of Publication to the Arizona Corporation Commission and send a copy to the LLC's contact person. Make sure your newspaper mails the Affidavit of Publication to the ACC and it it does not, you must do it yourself.
Keep Your Formation Documents in a Safe Place
After completing all of the steps listed above, your new Arizona LLC will have been validly formed according to Arizona law. Make sure you keep the following documents in a safe place in case the company must ever prove it was properly formed:
1. the Letter from the ACC approving the Articles of Organization; 2. a copy of the Articles of Organization with the ACC's approved stamp on it; 3. the Notice of Publication; and 4. the Affidavit of Publication.
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