How to Create a General Partnership in Arkansas: A Beginner’s Guide


Steve Bennett
Steve Bennett
Business Formation Expert
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Create a General Partnership in Arkansas

Forming a general partnership in Arkansas can be a great way to combine your skills, resources, and ideas to create a thriving business. In Arkansas, also known as The Natural State, general partnerships are relatively easy to establish, making them an attractive option for entrepreneurs who want to keep things simple and cost-effective.

This article will guide you through the essential steps to start a general partnership in Arkansas. From understanding the legal requirements and drafting a partnership agreement to registering your partnership and obtaining necessary permits, we’ll provide you with the necessary tools and insights to help you launch your business venture. Whether you’re opening a boutique retail store or a cutting-edge tech startup, this comprehensive guide will help you navigate the process of starting a general partnership in Arkansas.

What is General Partnership In Arkansas

It is a business structure where two or more people come together to form a jointly owned business. In the general partnership business, the partners agree upon sharing assets, responsibilities, profits, and liabilities (legal & financial). In a general partnership, Partners consent to carry potentially unlimited liability personally. Liabilities are not restricted as they would be, for example, in a limited liability partnership (LLP) or a limited liability company (LLC) structure. Unlike the LLCs, a partner, in this case, can be legally sued for any business debts, and a possibility of seizure of personal assets can occur.

Before you start setting up your general partnership, it is advised that you consult a legal person. They will know what is best for you and your business. You can always form an LLC instead of a general partnership to protect your personal assets from business debts.

– LLCBuddy Editorial Team

How to Create a General Partnership in Arkansas

To create a general partnership in Arkansas, you must follow the guidelines below: forming a business name, making a partnership agreement, requesting an EIN, getting a license and permit, getting a state-based tax ID, and opening a bank account.

Step 1: Choose a Business Name in Arkansas

Naming your business is one of the most crucial activities during the startup phase. Your general partnership name is the foundation for your brand in Arkansas and is what clients use to connect you to the products or services you offer. Legal procedures should be taken into account when choosing your partnership name. Choose a business name that will enable you to develop a strong brand identity without being hampered by irrelevant factors.

If you want to set up an LLC, there is a complete guide on Arkansas LLC name guidelines for a proper business name. Here are some guidelines you must follow while naming your general partnership-

  • Name availability: The name should be available, and no other entity should have the same name in Arkansas.
  • Trademarks
  • Limit of restricted words that need a license in Arkansas

In Arkansas, if you register your general partnership business with the Arkansas Secretary of State, then the name you choose will be the company’s official name. On the contrary, unregistered general partnership businesses use the last name of all of their partners by default. For instance, if Selena Gomez and Hailey Beiber enter business together, the partnership name is “Gomez & Bieber” by default if unregistered. However, if you would like to form a business name under something more appropriate, such as “EJI Design and Build,” then you’ll need to file a “Doing Business As (DBA)” name with Arkansas SOS.

In Arkansas, if you do not wish to file your general partnership business right away but want to hold the name that you have decided on, then you can reserve your business name for 120 days. You must file a name reservation application with the SOS to keep the name.

Step 2: Make a Partnership Agreement

After you have chosen a business name for your general partnership, the next step would be making a partnership agreement in Arkansas. A partnership agreement is a legal contract that specifies how a for-profit company would operate when run by two or more people.

The partnership agreement specifies each partner’s roles within the company, their ownership stakes, and their share of profits and losses. Additionally, it discusses business management guidelines and potential contingencies that may arise, such as a partner’s passing or a partner’s decision to leave the partnership. A partnership agreement should include the following:

  • Name of Partners
  • The principal address of the partnership
  • Purpose of the partnership
  • Terms of the partnership
  • Partnership start date and end date (if not for infinite time)
  • Partnership dissolution terms (for finite partnership)
  • Capital contribution of partners
  • Share of Interest of Partners
  • Profit distribution of partners (equal distribution by default, if not specifies any special condition)
  • Salary distribution (if applicable)
  • Partnership Management Terms
  • Terms of Partnership Sale

These key factors must be considered when forming or creating a partnership agreement in Arkansas. In this way, all business partners will understand what this is about and how to proceed if the mentioned scenarios happen in Arkansas.

Without a Partnership Agreement, your company will often be subject to the general partnership default laws of Arkansas. The default laws in Arkansas might not be appropriate for your requirements. Hence, it is important to have a transparent agreement while forming a partnership.

Step 3: Request an EIN in Arkansas

After documenting the partnership agreement, you should get or request an Employer Identification Number (EIN). An EIN will serve as the tax ID for your general partnership. EIN can be obtained from the Internal Revenue Service (IRS). It is a 9-digit number similar to Social Security Number. EIN, however, is distinct from SSN. It is only used for business-related activities, particularly for submitting general taxes. The form must be completed and uploaded to the IRS website. Getting EIN is necessary whether you are opening an LLC in Arkansas, or a general partnership, or something else.

The application of an EIN in Arkansas can be through the following:

  • Apply Online- You can apply for EIN online, which is the most desirable and fastest method for users.
  • Apply by Fax- Another method of obtaining EIN is to fax Form SS-4 (PDF) after entering all the correct information to (855) 641-6935.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is 4 weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

After you have your EIN number, you can benefit in several ways. It will provide your general partnership with the final advantage necessary to operate fully without encountering legal or judicial issues. For more details about EIN for your business, you may check why you need EIN.

Step 4: License and Permit for General Partnership in Arkansas

Before your general partnership business operates in Arkansas, you must have a business license first. A business license is a document issued by a government agency that permits you to operate your business in the geographic region that that agency governs.

To legally operate your partnership, you must apply for a business license to Arkansas Secretary of State. In some states, you might need to obtain a Privilege License. Based on the business structure, you might need it. In Arkansas, partnership businesses need to get to obtain a privilege license. You might even need more than one license in Arkansas. Numerous general partnership licenses need to be filed and renewed regularly.

Step 5: Obtain Arkansas Tax ID Number

In Arkansas, to conduct a business, you must comply with the Arkansas Department of Finance and Administration. If you have a general partnership in Arkansas, you must obtain the Arkansas Tax ID number from Arkansas Department of Finance and Administration. Your partnership business must pay state taxes (if applicable).

Step 6: Open a Bank Account

Once you have filed and received your general partnership license, you should now open a bank account since you will use this account for yourself, your clients, and your employees.

Your business dealings in Arkansas might be simpler with a US business bank account because it boosts your company’s legitimacy and liquidity. Most banks demand an EIN for creating a business bank account for firms other than sole proprietorships. Also, keeping separate finances helps you avoid combining personal and professional finances.

Example of General Partnership in Arkansas

Individuals looking to collaborate and numerous kinds of service providers have chosen general partnerships as their preferred business entity. That’s frequently because of its simple design, low price, and simplicity of setup. Some general partnership examples include:

  • Providing professional services (architectural firms, medical clinics, etc.)
  • Selling goods at retail
  • Opening a restaurant
  • Business Consulting

General partnerships are also formed by partners who are spouses or other family members who want to operate a business together.

Important Information

Maintaining Business License in Arkansas

Now that you have established your general partnership, you must maintain or renew your business license every now and then. Make time to check the status of your licenses at least once per year. Then, you can keep from missing anything significant. If there are any issues, you can address them.

Paying your Taxes in Arkansas

Even if you have established your general partnership in Arkansas, pay your taxes and keep everything up to date so you won’t pay any penalty. Arkansas tax information will help you with what to pay before or during the operation of your professional corporation. You must check with Arkansas Department of Finance and Administration for more details.

Advantages of General Partnership in Arkansas

  • Foundation only requires two people: Forming a general partnership doesn’t need many people to operate. You can form a general partnership with a partner in mind and a business plan. It can be a group of friends or colleagues, a family member, or a spouse and wife partnership.
  • Equal Rights: Everyone is granted equal rights when a business is founded using a general partnership; each partner is free to express their ideas and choose what is best for the company’s success.
  • Management Option: One of the advantages of joining a general partnership is the opportunity to select the finest management options for the company. For this reason, large partnerships should draft an agreement describing each partner’s responsibilities inside the business. As a result, each partner’s leadership abilities are enhanced.
  • Flexibility: General Partnership is the basic form of a business structure since it can be converted into any business entity, such as LLC. If you have flexibility in applying for an LLC in Arkansas, you will have default rules set by law, and you need to have an operating agreement for this.
  • Pass-through taxation: The pass-through tax structure will make the general partnership business not pay twice the tax. Due to this structure, most start-ups and entrepreneurs in Arkansas apply for a GP or LLC. And one of the main advantages of a general partnership is that partners don’t have to pay for the losses collectively.

FAQs

What is a General Partnership in Arkansas?
A General Partnership in Arkansas is a type of business entity that is formed when two or more individuals join together to carry on a business for profit. Each partner contributes money, property, labor, or skill, and agrees to share in the partnership’s profits and losses.
What are the benefits of forming a General Partnership in Arkansas?
Forming a General Partnership in Arkansas provides the partners with limited liability protection, meaning that each partner is liable only for the debts of the partnership and not for the debts or liabilities of their individual partners. It also allows for the tax savings of pass-through taxation, meaning that the partnership itself is not taxed, and only the individual partners are taxed on their share of the partnership income.
How do I form a General Partnership in Arkansas?
To form a General Partnership in Arkansas, the partners must file a Certificate of Partnership with the Arkansas Secretary of State. The certificate must include the names of the partners, the purpose of the partnership, the name of the partnership, and the duration of the partnership.
Do I need to file any other documents to form a General Partnership in Arkansas?
In addition to filing the Certificate of Partnership, the partners must also file a Statement of Authority with the Arkansas Secretary of State. This statement must include the names and addresses of the partners, the name and address of the registered agent, and the name and address of the partnership’s principal office.
Do General Partnerships in Arkansas need to have a registered agent?
Yes, General Partnerships in Arkansas must have a registered agent. The registered agent is responsible for receiving official documents and notices on behalf of the partnership.
Who is eligible to form a General Partnership in Arkansas?
Any two or more individuals who are of legal age and have the capacity to enter into a contract are eligible to form a General Partnership in Arkansas.
What is the duration of a General Partnership in Arkansas?
A General Partnership in Arkansas can be formed for a specific period of time or for an indefinite period. If a specific period of time is not stated in the Certificate of Partnership, the partnership is assumed to be for an indefinite period.
What is the tax treatment of a General Partnership in Arkansas?
A General Partnership in Arkansas is treated as a pass-through entity for tax purposes, meaning that the partnership itself is not taxed, and only the individual partners are taxed on their share of the partnership income.
Is a General Partnership in Arkansas required to have a partnership agreement?
A partnership agreement is not required by law to form a General Partnership in Arkansas, but it is highly recommended that the partners enter into a written agreement outlining the rights and responsibilities of each partner.
What is the liability protection of a General Partnership in Arkansas?
In Arkansas, General Partnerships provide limited liability protection, meaning that each partner is liable only for the debts of the partnership and not for the debts or liabilities of their individual partners.
Are there any regulations that a General Partnership in Arkansas must follow?
Yes, General Partnerships in Arkansas must comply with the regulations set forth in the Arkansas Partnership Act. Additionally, the partners must also comply with all other applicable federal and state laws.
What are the steps to dissolve a General Partnership in Arkansas?
To dissolve a General Partnership in Arkansas, the partners must file a certificate of withdrawal with the Arkansas Secretary of State. The certificate must include the name of the partnership, the date of dissolution, and the name and address of the registered agent.
What is the penalty for failing to file dissolution documents for a General Partnership in Arkansas?
If a General Partnership in Arkansas fails to file the necessary dissolution documents, the partnership may be subject to fines and penalties. Additionally, the partners may be held personally liable for any debts or liabilities that remain unpaid at the time of dissolution.
What are the benefits of a General Partnership in Arkansas?
The benefits of a general partnership in Arkansas include
What legal documents are required to form a General Partnership in Arkansas?
To form a general partnership in Arkansas, a partnership agreement must be drafted and filed with the Arkansas Secretary of State’s office.
What are the tax implications of a General Partnership in Arkansas?
A general partnership in Arkansas is a pass-through entity for tax purposes. This means that the partners in the partnership are responsible for reporting their share of the business’s profits or losses on their individual tax returns.
Is there a fee to register a General Partnership in Arkansas?
Yes, there is a filing fee to register a general partnership in Arkansas, which is currently $40.
What are the requirements for registering a General Partnership in Arkansas?
To register a general partnership in Arkansas, the partnership agreement must be signed and filed with the Arkansas Secretary of State’s office. The agreement must include the full names and addresses of all partners, as well as the business’s purpose, address, and duration.
Are there ongoing requirements for a General Partnership in Arkansas?
Yes, there are ongoing requirements for a general partnership in Arkansas, such as filing an annual report and paying any applicable taxes.
Are there any special regulations for a General Partnership in Arkansas?
Yes, there are special regulations that apply to general partnerships in Arkansas. For example, partners are jointly and severally liable for the debts and obligations of the partnership.
How are disputes handled in a General Partnership in Arkansas?
Disputes in a general partnership in Arkansas are typically handled through mediation or arbitration, as outlined in the partnership agreement.
Is a General Partnership in Arkansas required to have a registered agent?
Yes, a general partnership in Arkansas is required to appoint and maintain a registered agent in the state.
What is the minimum capital required to form a General Partnership in Arkansas?
There is no minimum capital requirement to form a general partnership in Arkansas.
Is a General Partnership in Arkansas required to have a business license?
Yes, a general partnership in Arkansas is required to obtain a business license, which may vary depending on the type of business.
How is a General Partnership in Arkansas dissolved?
A general partnership in Arkansas is dissolved when one or more partners decide to leave the business or when the partnership agreement ends.
Is a General Partnership in Arkansas required to prepare financial statements?
Yes, a general partnership in Arkansas is required to prepare financial statements to ensure that the business is compliant with state and federal laws.
Can a General Partnership in Arkansas be converted to a limited liability company (LLC)?
Yes, a general partnership in Arkansas can be converted to an LLC. The conversion process must be done according to the requirements of the Arkansas Secretary of State’s office.
Can a foreign General Partnership in Arkansas do business in Arkansas?
Yes, a foreign general partnership in Arkansas may do business in the state if it registers with the Arkansas Secretary of State’s office.
What are the liability implications of a General Partnership in Arkansas?
The partners in a general partnership in Arkansas are jointly and severally liable for the debts and obligations of the partnership.
What are the requirements for naming a General Partnership in Arkansas?
The name of a general partnership in Arkansas must be recognizable and not similar to another business name that is already registered in the state. The name must also include the words “General Partnership” or “G.P.”
What are the requirements for changing the name of a General Partnership in Arkansas?
To change the name of a general partnership in Arkansas, the partners must file a Certificate of Amendment with the Arkansas Secretary of State’s office.
Is there a limit on the number of partners in a General Partnership in Arkansas?
No, there is no limit on the number of partners in a general partnership in Arkansas.

Also Read

Why Create General Partnership Arkansas is So Important

One of the key reasons why creating a general partnership in Arkansas is so important is the flexibility it provides. Unlike corporations or limited liability companies (LLCs), general partnerships are relatively easy and inexpensive to establish. This simplicity allows business owners to focus on growing their business rather than getting bogged down in complex legal paperwork and formalities.

Additionally, general partnerships offer a high degree of operational flexibility. Partners in a general partnership have the freedom to set their own rules and agreements regarding the management of the business, profit-sharing, decision-making processes, and more. This level of autonomy allows partners to tailor their partnership to their specific needs and priorities, creating a collaborative and efficient working environment.

Furthermore, general partnerships are governed by Arkansas partnership laws, which provide a clear framework for the rights and responsibilities of each partner. These laws help to ensure that all partners are treated fairly and that disputes can be resolved quickly and effectively. By operating within the guidelines of Arkansas partnership laws, partners can minimize legal risks and uncertainties, creating a strong and stable business foundation.

In addition to the operational and legal benefits, creating a general partnership in Arkansas can also strengthen business relationships and foster a sense of unity among partners. The collaborative nature of a general partnership encourages open communication, mutual trust, and shared accountability. By working together towards common goals, partners can build strong and lasting relationships that are conducive to long-term business success.

Moreover, general partnerships can be an ideal structure for businesses looking to pool resources, share expertise, and take advantage of complementary skills and talents. By forming a partnership, entrepreneurs can combine their individual strengths to create a more competitive and innovative business. This collaborative approach can lead to increased efficiency, productivity, and profitability, ultimately benefiting all partners involved.

Overall, creating a general partnership in Arkansas is an essential step for businesses looking to establish a solid foundation for growth and success. The flexibility, operational autonomy, legal clarity, and collaborative benefits of a general partnership make it a valuable business structure that can help partners navigate the challenges of entrepreneurship and achieve their shared goals. Whether you are starting a new business or looking to expand an existing one, establishing a general partnership in Arkansas can set you on the path to sustainable business growth and prosperity.

By choosing to create a general partnership in Arkansas, business owners can leverage the unique advantages of this business structure to build a strong and successful partnership that can stand the test of time.

Conclusion

In conclusion, starting a general partnership in Arkansas may effectively combine resources, expertise, and creativity to achieve your mutual business goals. By understanding the legal requirements, drafting a thorough partnership agreement, and registering your partnership, you’ll be well on your way to a successful collaboration. As you embark on this exciting journey, remember to maintain open communication and stay committed to the shared vision that inspired your partnership in the first place.

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