How to incorporate in Arizona
Forming a C corp in Arizona is not very difficult; you can do it in as little as three steps. What most incorporations don’t realize is that while there are only three steps to the incorporation process, some of those steps require many details. For example, to form a C corp in Arizona you will need to file your articles of incorporation, publish them in a newspaper a specific number of times, and then submit an affidavit of publication to the Arizona Corporation Commission.
The process seems simple, but it gets complicated as you go further along because of the numerous tasks that need to be performed. In Arizona, you do not need to have an operating agreement for your corporation, but having one can help you prepare the articles of incorporation and the bylaws.
The first step for incorporating in the state of Arizona is filling out and filing your articles of incorporation. The first task that you face with filling out your articles of incorporation is selecting the name of your corporation. When choosing a name you want to choose something that will make your business stand out, but something that doesn’t sound like anybody else’s business name. When you have finally decided on a name that fits in with the requirements for the state of Arizona you will want to run a name search through the Arizona Corporation Commission Name Approval’s website.
The second task that you have is to prepare the articles of incorporation. Your articles of incorporation must include specific information including a name that satisfies the requirements of A.R.S. Section 10-401 and the number of shares your corporation is authorized to issue. You will also need to include a statement of the type of business your corporation is going to practice in the state, and the name and address of each person who is going to be serving as a director. Your articles of incorporation must also include the name and address of each incorporator, along with their signatures, and the name, address and signature of the corporation’s statutory agent. If the known place of business for your corporation is going to have a different address than your statutory agents, you will also need to include that information.
The third thing that you will need to do is select your corporation’s statutory agent. This agent must be an adult individual who lives in the state or Arizona or it can be a domestic corporation that was formed under Arizona corporate law. You can also use a foreign corporation that is authorized to do business in the state of Arizona or a limited liability company that is authorized to do business in Arizona, or was formed in Arizona. The reason you need a statutory agent is if you are ever served with legal papers they can be served on behalf of your corporation. Just keep in mind that the statutory agent cannot have a post office box, they must have a street address.
Once you are ready to file your articles of incorporation with the ACC you will need to prepare a cover sheet and a certificate of disclosure. When completing the certificate of disclosure depending on how you answer the questions you might be required to submit more information. Once this is done you can file the articles of incorporation with the ACC in person or through the mail, in either case you will need to pay a filing fee of $60.
Once your articles of incorporation have been reviewed, you will receive a rejection or approval in the mail. If your articles of incorporation failed, you can resubmit them and pay another filing fee after correcting the mistakes. If they were approved you will need to publish them in a newspaper for the county your corporation is registered in for three consecutive publications. After this is done your corporation is formed, but you still have to prepare the bylaws and adopt them at a Board of Directors meeting.
