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Arizona is one of the states where a Limited Liability Company must publish a notice for a specific period of time as soon as the Arizona LLC is formed. To do so, the LLCs must follow some rules the State of Arizona set. In this article, you read about the Arizona publication requirements for an LLC. Read this guide to know the requirements in detail.
Arizona Publication Requirements
In Arizona, after filing the formation documents with the Arizona Secretary of State, every LLC has to publish a notice in the newspaper for a certain period of time. As the publication run ends, the LLC can start operating in the state. Here are the requirements for Arizona LLC publication,
Requirements – What to Do
- Every LLC in Arizona has to publish the notice in the newspaper within 60 days of LLC formation.
- This notice of LLC formation should be published for 3 weeks consecutively.
- Newspapers LLCs would choose should be approved by the Arizona Corporation Commission.
Exception
Maricopa County and Pima County are two places where the publication requirement does not apply. There is no mandate in these two counties in Arizona to publish any notice of LLC formation. If your principal business address is anywhere in these two counties, you can easily skip this step while forming an LLC in Arizona.
What to Include in The Notice
The notice LLCs have to publish needs to have the following information,
- LLC name
- Name of the Arizona Registered Agent
- Address of the Registered Agent
- Address of the LLC (if it is different from the address of the registered agent)
- Whether it is a manager-managed or member-managed LLC
- If it is member-managed, then the name and address of all members. OR
- If it is manager-managed, then the name and address of the manager(s).
Approved Newspapers
As mentioned above, LLCs should choose a newspaper that is approved by the Arizona Corporation Commission. You can download the PDF mentioned below, where you will find the list of approved newspapers in each county in Arizona. Choose accordingly to publish your notice of LLC formation.
Cost of Publication in Arizona
The cost of publication varies depending on the newspaper you are selecting. The cost can start from $30 and go up to $300. Generally, newspapers charge per line, sometimes per inch, and sometimes change a flat rate for any notice. It is recommended to select a newspaper that charges a flat rate. Some of the newspapers charge a minimum of $1.50 per line. In that case, the cost might be less than $10.
If you want to hire a professional service for your LLC formation, you might get this service at a lesser price. You can explore the best LLC services to know about the professionals.
Effect of Non-compliance
In Arizona, unlike many other states, the publication of LLC formation is a mandatory requirement. If you fail to comply, your LLC will be terminated as soon as the extended period is over. An LLC in Arizona gets 60 days of time to do the needful after forming the LLC. If you fail to do that within 60 days, Arizona Corporation Commission sends you a letter permitting 30 more days to meet the requirements. If you cannot do the needful even after an extended 30 days, the commission will terminate the LLC immediately.
Pima County and Maricopa County do not have this rule. Hence, LLCs formed in these counties are exempted from this commission rule.
After the Publication of LLC Formation
Once the publication for three weeks is done, the LLC will receive an Affidavit of Publication from the newspaper it has chosen. At the same time, another copy of the Affidavit will be sent to the Arizona Corporation Commission by the newspaper. This Affidavit is an important document to prove that LLCs have complied with the Publication requirements.
Previously, the Affidavit was supposed to be filed with the Arizona Secretary of State. But now the rule is waived off. There is no strict requirement to file the Affidavit.
FAQ
In Arizona, all the LLCs (excluding the ones formed in Maricopa and Pima counties) have to publish a notice of LLC formation in a state-approved newspaper. It should run for 3 weeks consecutively. This is a mandatory requirement for all the LLCs that are formed in the state of Arizona.
Within 60 days of the formation, LLCs have to go for publication. If they fail to comply, they will get another 30 days extension to get it done, or else, the LLC will be terminated.
The publication cost depends on the newspaper LLC is selecting. The cost varies from $30 to $300 on average.
Why Arizona Publication Requirements is So Important
One of the primary reasons why publication requirements in Arizona are so important is that they help to maintain the public’s trust in government institutions. When government actions are publicized and made easily accessible to the public, it helps to prevent corruption and abuse of power. By requiring certain information to be published in newspapers or online, the state is holding government officials accountable for their actions and ensuring they are acting in the best interests of their constituents.
Additionally, publication requirements help to foster a sense of community engagement and involvement in local government affairs. When residents have access to important information, such as proposed legislation, budget allocations, or meeting schedules, they are able to stay informed and actively participate in the decision-making process. This open dialogue between government officials and the public is essential for a functioning democracy and allows for a more equitable distribution of power.
Furthermore, publication requirements in Arizona serve as a valuable resource for promoting transparency and accessibility in government operations. When important documents, such as budgets, agendas, and meeting minutes, are made available to the public, it increases transparency and allows residents to hold their elected officials accountable. In turn, this fosters a culture of openness and fairness in government decision-making.
In a state as vast and diverse as Arizona, publication requirements play a vital role in bridging the gap between government officials and residents. By making important information readily available to the public, publication requirements help to ensure that all residents have equal access to critical information that affects their communities. This level of transparency helps to build trust between residents and government officials and allows for a more collaborative and inclusive decision-making process.
In conclusion, publication requirements in Arizona are essential for upholding the principles of transparency, accountability, and integrity in government operations. By making important information readily available to the public, these requirements help to maintain the public’s trust, promote community engagement, and ensure that government decisions are made in the best interests of residents. Ultimately, publication requirements play a vital role in fostering a culture of openness and accessibility in government affairs, which is essential for a thriving democracy.
In Conclusion
As soon as your formation process is done, the publication must be done too. Else, you can lose your LLC in Arizona. It is recommended that you hire an LLC service provider to take care of all these things for you. If you have any questions do let us know by commenting below. We appreciate your suggestions and feedback.