Corporate Formation

Corporate Formation

 

One of the first and most important things you must consider when starting a business in Arizona is how and in what way to organize your emerging business. For some new businesses, a corporation is the right choice of entity. For others, a partnership or limited liability company (LLC) is best. Our business law attorneys can help you make this important choice between various potential business entities. After we have helped you choose the right entity, we will help you form it.

Forming a corporation in Arizona has three essential steps: (1) you must prepare the articles of incorporation according to the requirements of Arizona law, (2) the articles must be signed by the proper parties, and (3) the signed and properly prepared articles must be submitted to the Arizona Corporation Commission (“ACC”). Taking these steps is not as simple as it appears.

Arizona statutory law sets forth the standard information that must be contained in the articles of incorporation. See A.R.S. §§10-202 and 10-120. To qualify for filing with the Commission, the articles must satisfy each statutory requirement. One interesting requirement that might not necessarily come to mind but that you nevertheless must know is that the articles cannot be handwritten; they must be typed. See A.R.S. § 10-120(D).

Among the more well-known pieces of information that the articles must contain are a proper corporate name (that must satisfy separate naming requirements under A.R.S. § 10-401), a brief statement of the character of the business, and the name and address of each director. See A.R.S. § 10-202(A). If your articles do not meet the statutory requirements, the Commission can refuse to file them. See A.R.S. § 10-125. See also § 10-130.

The next of the three essential steps is to have the proper signatories sign the articles of incorporation. For emerging corporations – that is, those just coming into existence – an “incorporator” must sign the articles before they articles can be filed with the Commission. See A.R.S. § 10-120(F)(2).

After the articles of incorporation have been properly prepared, the final step is to submit the articles to the Commission for filing. Assuming you have properly prepared the articles and complied with the other various filing requirements (e.g., submitted payment for filing fees, certificate of disclosure), your business will be incorporated. See A.R.S. § 10-203.

These are just a few examples of the many requirements our attorneys will help you navigate as you go through the process of incorporating your business. To speak to an attorney, call (520) 495-0869 or email us at info@reallawtucson.com