Arkansas State Form

Arkansas LLC Operating Agreement

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Arkansas Legal Requirements

Key AR statutes and obligations that apply to your llc operating agreement.

Requirements

  • Governed by the Arkansas Small Business Entity Tax Pass Through Act and Arkansas LLC Act (Ark. Code Ann. §4-32)
  • Annual Franchise Tax Report due by May 1 each year; $150 minimum annual franchise tax
  • Registered agent with an Arkansas physical address required
  • No statutory requirement for a written operating agreement — but strongly recommended
  • Articles of Organization must be filed with the Arkansas Secretary of State; $50 filing fee

Restrictions & Limits

  • Arkansas LLCs may not engage in banking, trust company, or insurance business
  • Professional LLCs (attorneys, CPAs, architects) require additional state licensing
  • LLC name must include 'Limited Liability Company,' 'LLC,' or 'L.L.C.'
  • Members are not personally liable for LLC debts absent fraud, commingling, or failure to follow formalities

Official Statute References

Primary Arkansas statutes governing this document type.

Arkansas LLC Operating Agreement FAQ

Common questions about llc operating agreements under Arkansas law.

What is Arkansas's LLC annual franchise tax?

Arkansas requires all LLCs to file an Annual Franchise Tax Report and pay a minimum of $150 per year by May 1. LLCs with more complex structures may owe higher amounts. Late filing incurs penalties and interest and can result in the LLC's charter being forfeited.

Is an operating agreement required for an Arkansas LLC?

Arkansas law does not require a written operating agreement, but it is essential for any multi-member LLC. Without one, the default rules under §4-32 govern the LLC, which may not align with the members' actual intentions regarding profit sharing, management, or exit rights.

How is an Arkansas LLC taxed at the state level?

Arkansas LLCs are subject to the state's pass-through entity tax framework. Single-member LLCs pay no Arkansas corporate income tax — income is reported on the member's personal state return. Multi-member LLCs file partnership returns. Arkansas's corporate income tax rate is 4.9% (2024) for larger entities that elect corporate taxation.

Can a foreigner own an Arkansas LLC?

Yes. Arkansas imposes no citizenship or residency requirements on LLC members or managers. Foreign nationals may own Arkansas LLCs, but federal reporting requirements (FinCEN Beneficial Ownership Information report) apply to all LLCs regardless of owner citizenship.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.