Frequently Asked Questions

Only Arkansas notaries who are also certified court reporters may partake in depositions as a duty of their notarial office pursuant to Rule 28 of the Arkansas Rules of Civil Procedure. Depositions not attested to by a certified court reporter will not be accepted in Arkansas courts.

Yes, you will need to get a new stamp that includes your new notary name and/or your new county of commission. Make sure to effectively destroy the old stamp to prevent accidentally using it or anybody else from obtaining it and using it.

The notary’s certificate should always be completed by the notary before the certificate is signed and sealed by the notary. This prevents somebody else from inserting false material into the certificate after it has left the notary’s possession.

In this example, you will list your county of commission in the blank as this statement is where you are stating your credentials as a notary. You are a notary commissioned in the State of Arkansas and the county of your personal residence, which is the county printed on your stamp.

If a notary’s seal is lost or stolen, he or she need to contact the Office of the Secretary of State in writing explaining the situation. The Office will make a notation in their record and also issue the notary a new commission number.

A stamp with the new commission number should be purchased and used from that point forward.

The Secretary of State’s Office recommends using a government-issued identification card that includes the client/signer’s picture and signature, such as a driver’s license or passport. What you will accept as proper identification is up to you, but it must satisfactorily prove the client/signer’s identity.

No, all documents and equipment for your notary public commission are your property and should not be surrendered to an employer upon termination of employment.

No, you are not required to notarize every document that comes before you.

This is the county in which you are standing when you notarize the document.

No. The definition of a notary is an “unbiased witness” and you cannot be unbiased towards yourself; therefore, you may not notarize your own signature.

Yes, one of those completed certificates needs to be returned to the Office of the Secretary of State as soon as possible. Not until the Office has received this certificate is the notary commission placed into “good standing” and a commission number issued.

Yes, for a notarization to be complete, it must have some form of an acknowledgment statement that gives a narrative of the act that was witnessed: where, when, who signed it, what the notary witnessed, and what credentials the notary has.

No. As of 2013, all signatures of the notary public must now be done with blue or black ink.

Generally, changes to Arkansas notary law can occur every two years (odd-numbered years) when the Arkansas General Assembly meets for a regular session. The last changes to Arkansas notary law went into effect in 2021.

No, you will need to restart the application from the beginning in Arkansas.

Complaints against an Arkansas notary will need to be made in writing and sent to the Secretary of State’s Legal Division. The letter must be original and contain the signature of the person filing the complaint. A copy of the document containing the notarization in question should be included with the written complaint.

If somebody wishes to have a notary investigated for criminal matters such as forgery or fraud, he or she will need to contact an attorney and pursue those types of complaints through the judicial system.

Yes. To resign a notary commission, please send to the Secretary of State an original signed letter stating your intentions to resign. Also, if possible, send one of your certificates of commission along with your letter.

Arkansas Secretary of State John Thurston
Business & Commercial
Services Division
1401 W. Capitol, Suite 250
Little Rock, AR 72201

or

300 North College, Suite 201F
Fayetteville, AR 72701

Your original bond will be filed with the Recorder of Deeds/Circuit Clerk and you do not want to risk the original getting lost in the mail.

To make any changes to your record, you will need to use the notary management system to file an amendment form: http://bcs.sos.arkansas.gov.

When making changes to your name, you must also submit a certified copy of the public document designating the name change such as a marriage certificate, divorce decree, or other court order. Certified copies will be issued at the courthouse where the document is stored, and will include a raised, embossed seal of the county.

Yes, you will just need to attach an acknowledgment to the document. You can do this by handwriting one (sample text can be found in the Notary Public Handbook or the Appendix in this document), or using a rubber stamp that contains text for the acknowledgment, within which the notary completes the proper fields by hand.

Yes, Arkansas law does not allow notaries to have the Great Seal of the State of Arkansas or an outline of the State of Arkansas on their seals. Additionally, abbreviations are not permissible (ex: “AR” or “Ark.” in lieu of “Arkansas”).

Yes, all notary seals of office must be able to be photocopied and must use blue or black ink. This applies to rubber stamps as well as embossers.

If possible, simply make a clear impression near the smeared one. If there is no room, you will need to draw up a separate acknowledgment statement with the same wording as the original document and include the signer’s signature again. Make a notation on the original document that the completed acknowledgment is attached.

Mistakes should be corrected using an ink pen. When at all possible, the person who made the mistake should add a correction line through the mistake and then initial the corrections. Do not use white-out type products as those changes are harder to attribute to the person who made the correction.

Yes. Since notaries are not generally concerned with the content of the document, you may notarize a document in a foreign language. However, your acknowledgment statement must be in English. As a reminder, if the document will later need an Apostille or Certification, it will need to be translated to English before the Office of the Secretary of State can process the request. More information about Apostilles and Certifications webpage.

Yes. Notaries are generally not concerned with the contents of the document, only the identity of the signer. In addition, your acknowledgment statement may be handwritten if one is not originally included as part of the document. Be sure to use ink for handwritten documents.

In some situations. If you have familiarity with the signature, (for example, if you have seen it many times before and know it is genuine) you may notarize that document. This document must still be presented to the notary by the signer of the document. A wife cannot bring her husband’s signature to you to notarize without him present. However, if you do not have a prior relationship to that signature, the signer will need to sign the document again in your presence and only the signature performed in your presence is eligible to be notarized.

No. In order to notarize a document, the signer and the notary must be physically in each other’s presence. In other words, you must be able to physically touch the other person as well as the document being signed and notarized. This also applies to electronically notarized documents.

While Arkansas law does not expressly prohibit notarizing for a relative, many notaries who do so might violate statues regarding a direct or indirect financial benefit from the document in question.

No. As of 2013, all stamps must use blue or black ink.

Arkansas notaries are not required by law to keep a record of their official acts, but it is highly recommended. A journal will help you recall past notarial acts if you ever have to appear in court to testify regarding a notarization.

You may notarize documents within the borders of the State of Arkansas. Your jurisdiction is not limited to your county of commission.

Yes, Arkansas notary laws require stamps to include the notary public’s commission expiration date. Since your expiration date will change each time you renew, you must get a new stamp that reflects this date.

No, you are commissioned as an Arkansas notary as an individual and all property associated with the commission belongs to you even if somebody else paid for it.

Your county of commission is your county of residence. Your jurisdiction as a notary is statewide. Please note that even if you are becoming a notary for work purposes, and you work in a different county in which you reside, your county of commission will still be your home county. You can notarize in any county in the state of Arkansas. If you live in an adjacent state your county of commission will be the county of your Arkansas employer.

No. Arkansas law does not allow notaries to make and certify copies of birth certificates, other vital records and public records. Copies of birth certificates will need to be obtained through the vital records division of the Health Department.

First, you will need to take both certificates and your original bond to the Recorder of Deeds in your county of commission. Most often, the Recorder of Deeds is your Circuit Clerk. Second, the Recorder of Deeds will swear your oath of office and sign both certificates. You will then file one completed certificate and your original bond with the Recorder of Deeds. Third, you will return one completed certificate to the Secretary of State’s BCS office. When your certificate has been processed by the Secretary of State, you will receive the oath back along with your notary public identification card and commission certificate and be placed into “good standing.” Lastly, you may then purchase your stamp and begin notarizing.

There are many reasons why an application may be rejected. Here are some of the most common reasons:

i.An outdated paper application is submitted instead of one completed using the notary management system. Applications completed through the notary management system will have a barcode at the top which indicates the notary successfully passed the required exam.

ii. The name of the applicant on the application is not the exact same name that is on the bond. If you list your middle name or middle initial on your bond, that exact same name must be used on the application. You may use any variant of your legal name. Example: If your name is Jane Ann Doe and you put that name on your bond, you cannot list only Jane Doe or Jane Doe on your application.

iii. The name the applicant signs on the application is not the exact same name that is printed on the bond and application. Example: Jane Doe is the printed name on the bond and application, but the applicant only signs J. Doe.

iv. The application is not properly notarized.

1. The signature of the applicant must be witnessed by a notary public. The affidavit at the bottom of the application must be correctly completed in its entirety by a notary or authorized official other than the applicant.
2. The notary who notarizes your application must be an Arkansas notary in good standing. You may check their record here: http://bcs.sos.arkansas.gov.
3. The notary must sign their name the same way as it is in their official signature – this signature will be checked against the signature we have on file. They must enter their commission expiration date even though it is on their seal.
4. The notary’s seal must meet all the requirements set forth by Arkansas notary law, including the requirement that “Arkansas” is stated on the seal. Abbreviations (“AR” or “Ark.”) are not permissible.

v. The $20 application fee is not enclosed.

vi. A copy of the surety bond is not enclosed.

vii. A physical residential street address must be entered on the application. Please note that Arkansas residents are commissioned as an individual by their home
address. An employer’s address should not be listed as the notary’s commission address. For out-of-state notaries, you must list your physical residential address in your home state as well as your employer’s physical address in Arkansas.

viii. The bond is issued for the wrong county. The county printed on your application should be the same county printed on your surety bond. Your bond is to be issued for your personal residential county if you are an Arkansas resident. Note: Even if your employer is purchasing your bond and their office is located in a different county in which you reside, you must still be bonded by your home county. If you are a resident of an adjacent state your bond must reflect the county of your Arkansas
employer.

1. A legal resident of Arkansas OR a resident of a state that borders Arkansas, but is employed in Arkansas
2. A United States citizen or permanent resident alien
3. At least eighteen (18) years of age
4. Able to read and write English
5. A prior notary public commission has not been revoked in the past ten (10)years
6. Has not been convicted of a felony
7. Has reviewed the law concerning notaries public and understands the duties of a notary public.

Currently, training is not required for traditional notaries (those that use paper, pen and ink) in Arkansas, but it is required for eNotaries. However, free training is available online by clicking here.

No, you are responsible for obtaining your own notary seal. Rubber stamp companies and office supply businesses are the most common sources of notary seals. You will need to have your notary public identification card to ensure all your information (name, commission date, commission number, and county) are properly contained in your stamp.

Many local insurance providers, such as the ones you use for your car, home or renters insurance also provide surety bonds. You may also search online for insurance companies authorized to do business in Arkansas.

Applications for renewal cannot be submitted earlier than 60 days before the date of your current commission’s expiration. You will receive an alert if you try to renew earlier than 60 before expiration. You will also receive an alert if you try to renew a commission more than 60 days after expiration. If you do not renew your commission within 60 days of its expiration, you will need to complete a new (rather than renewal) application.

No, while our notary management system requires an online application, you must still print the final version and submit it to BCS with your original signature and the original signature of the notary who notarizes your application. You may either mail your application or bring it in person to the office located at

1401 W. Capitol
Suite 250, Little Rock, AR 72201

or

300 North College
Suite 201F
Fayetteville, AR 72701

Yes. All new and renewing notaries must complete an online exam before they are allowed to access the new or renewal application. The exam consists of 30 questions and at least 24 must be answered correctly to obtain a passing score. All answers can be found in these FAQs, the Arkansas Notary Handbook, or by viewing the online training.

If you are renewing a commission, your commission number is helpful but not required. If you are a new notary applicant you will not have one yet.

The system allows users to complete new notary applications, renew notary commissions, make changes to notary commissions (e.g. name or address) and apply to be an eNotary. The online system includes the notary exam as part of the application process. You will need to mail the properly notarized application after you have submitted online. There is a User’s Guide at http://bcs.sos.arkansas.gov.

No. Once an application or form has been notarized, it cannot be changed. If your application has been rejected for inadequate responses, a new application should be submitted. Fillable PDF forms may help you to save your application to make subsequent corrections.

Any rejected application will be returned with a cover sheet explaining the reasons for rejection. Any specimens and payment which were provided with the application will also be returned with the rejection notice.

The dates of first use can be important when determining who has rights to a mark if two applicants apply for the same or similar marks. Even if the mark is not currently protected, the individual who was using the mark in business first will likely be granted some protection for the earlier version in the event of a court conflict.

See A.C.A. § 4-71-203(a)(3)

Disclaimers are necessary when a word, phrase, or design is in common usage by the public. For example, if applying for “Tops Sandwich Shop,” applicant should disclaim use of the word “sandwich” and “shop” because they are commonly used words. Geographic locations must also be disclaimed. “Arkansas River,” “Petit Jean Mountain” and town names such as “Little Rock” are geographic locations, and ownership cannot be claimed for names of locations.

Additional disclaimer information is can be found on the United States Patent and Trademark Office’s website. Although their information specifically references the application process for a Federal Trademark, the general information stated similarly applies to Arkansas registration of Trademarks and Service marks concerning the use of disclaimers.
http://www.uspto.gov/trademark/laws-regulations/how-satisfy-disclaimer-requirement

Our Office may ask you to “disclaim” the exclusive right to use certain words, phrases, or design elements included in your mark. This means that certain parts of the mark are not distinctive when viewed from the whole mark. Generally, a disclaimer will be requested for use of a geographical location or words in common usage (e.g., the state name “Arkansas” or the word “restaurant”). Disclaiming the exclusive right to use words does not mean that you cannot use them as part of your mark; it is simply a statement that you do not claim any right to those words apart from your mark and will not prevent others from using the disclaimed words.

See A.C.A. § 4-71-204(c)(1)

No. Different versions of the mark are considered separate marks and separate applications (including separate payment and specimens) will be necessary to protect each version.

Yes. A mark is eligible for registration in multiple classes. One application can be used for multiple classes as long as all of the classes fall under their corresponding selection as a Trademark or Service mark. Trademark classifications are numbered 1-34 and Service mark classifications are numbered 35-45. The detailed list of classifications with their titles is provided on page four (4) of the Trademark/Service Mark application’s instructions. https://www.sos.arkansas.gov/uploads/bcs/TMApplicationInstructions.pdf

No. Applications are processed in the order they are received. If you choose to hand-deliver your application, your filing will still go through the same review process and the applicant will receive an answer by mail.

Applications are handled as they are received, on a first come, first serve basis. Although a specific time frame cannot be given, it may take several weeks before an applicant receives a response from our Office. The protection of an applicant’s mark, along with protection of current marks on file, is important to us; we strive to search for potential conflicts and ensure the submitted application is complete and accurate. Nevertheless, receipt of a Trademark or Service mark from the Arkansas Secretary of State is not a guarantee of absolute right to use the mark; since prior or superior rights to use the mark may exist elsewhere.

The application may be signed by the following, according to the type of applicant:

(1) An officer of the corporation should sign on behalf of a corporation;
(2) A General Partner should sign on behalf of a partnership;
(3) A member or manager of a limited liability company should sign on behalf of the LLC;
(4) An individual should sign on their own behalf. If there is more than one individual listed in #2, each individual should sign a separate notarized affidavit; or
(5) A non-employee attorney may sign when proof of corporate authorization has been provided to our Office and signed by an officer on record with the Secretary of State. In-house counsel is acceptable and should so indicate with words “General Counsel” (or “Assistant General Counsel”, etc.) A.C.A. §4-71-203(b)(3).

No. The application, payment, and specimens submitted must be original. Faxed or photocopied signatures are not acceptable. You should mail or hand-deliver your application to:

Arkansas Secretary of State
Business & Commercial Services
Attn: Trademark/Service Marks
1401 W. Capitol Ave., Suite 250
Little Rock, AR 72201

No. However, it is important to keep in mind that our Office can only assist you in the basic completion of the application. Our Office cannot give you any legal or business advice. In general, rejected applications are most often submitted by non-attorneys. Applicants may benefit greatly by consulting with an attorney about the best way to protect their intellectual property.

Yes, searching for potential conflicts is required by the applicant in order to confirm no one else is using a similar mark, or portions thereof. A.C.A. 4-71-203(b)(1). This will also help the applicant avoid the investment of money and time in registering your mark, especially if a conflict is discovered. You can search current Trademarks/Service marks registered with the Arkansas Secretary of State at: http://www.sos.arkansas.gov/corps/trademk/index.php. Also, please conduct a search for business entities registered with the Secretary of State at: http://www.sos.arkansas.gov/corps/search_all.php. A proposed mark may be rejected for being confusingly similar to an entity registered with our Office.

See A.C.A. § 4-71-202(6).

A search should also be conducted for marks registered with the United States Patent and Trademark Office (USPTO) at: https://www.uspto.gov/trademarks/search “Live” marks on file with the USPTO may prevent the registration of a proposed mark with the Arkansas Secretary of State given certain circumstances.

A fillable PDF of the application may be obtained online at: https://www.sos.arkansas.gov/uploads/bcs/TMApplication.pdf

A hard copy may be picked up in person at the Secretary of State’s Business & Commercial Services Division (1401 W. Capitol Ave., Suite 250, Little Rock, AR 72201). By request, an application may be mailed to applicant by calling (501) 682-3409.

A payment of $50.00, made payable to the Secretary of State, is required for all new and renewal applications. The fee should be submitted with the application, but the payment will not be processed unless the application is accepted. Payment will be returned with the application if it is rejected for any reason. If sending in more than one application, please provide a separate check for each application.

See A.C.A. § 4-71-203(b)(5).

Any entity (individual, corporation, partnership, or other legal entity) can apply to register for a Trademark or Service mark. A mark is generally owned by the individual or individual(s), corporation, partnership, or other organizations offering goods or services. If a business entity provides the goods or services under a certain mark or logo, the business owns this mark; an individual of that business entity does not own the mark or logo.

A specimen is an actual sample of how the mark is used in business. The specimens provided by the applicant must be in actual use by the applicant within the state of Arkansas. Business cards, clothing tags, labels for a product, etc. are examples of commonly provided specimens that show the mark as it is actually being used. (A photocopy of a business card or a picture of a t-shirt is not acceptable because those photocopies and pictures are not given to potential clients or purchased by customers.)

See A.C.A. § 4-71-203(b)(4)

The Arkansas Secretary of State’s list of classifications for goods and services conforms to the United States Patent and Trademark Office’s international classification list. See A.C.A. § 4-71-210(c). For a detailed description of each classification, visit: https://www.uspto.gov/trademarks/trademark-updates-and-announcements/nice-agreement-current-edition-version-general-remarks

The classifications are descriptive categories used by our Office. They help determine whether the mark is associated with the applicant’s goods or services; and also to determine whether the mark may conflict with, or be confusingly similar to, a mark for other goods or services. If applying for a Trademark, you must choose from Trademark classifications. If applying for a Service mark, you must choose from Service mark classifications. (An application for a Trademark with a Service mark classification or vice versa will be rejected.)

Generally, you use a Service mark to identify services that are offered or sold (ex: restaurant, retail business, or computer services).

“ ‘Service mark’ means any word, name, symbol, or device or combination thereof used by a person to identify and distinguish the services of one (1) person, including unique service, from the services of others, and to indicate the source of the services, even if the source is unknown.” A.C.A. § 4-71-201(8)(A)

[Note: The terms “mark” and “trademark” are generically used in the following information to refer to both Trademarks and Service marks.]

Generally, you use a Trademark to identify products or goods that are sold (ex: beverages, magazines, furniture, or food). “ ‘Trademark’ means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of goods, even if the source is unknown.” A.C.A. § 4-71-201(10)

The Information Network of Arkansas requires all electronic UCC filers to have a Submitter Account in order to use the Online Filing System. To apply for an online account go to this link https://portal.arkansas.gov/ina-subscriber-account/.

First, click on “UCC Online Search & Filing “, then “New User? Register Here” and complete the forms. The annual subscription fee is $150.00.

Office hours are Monday - Friday, 8:00am - 4:00pm Central Standard Time.

No, only addresses are on file.

The Internal Revenue Service grants the “S-Corp” designation when a corporation elects to be taxed under Subchapter S of the Internal Revenue Tax Code. Being an “S-Corporation” is a tax matter only.

“S” and “C” in this instance refer to federal tax laws that are applicable to a particular corporation. The Secretary of State does not have information that shows whether a corporation is an “S” or a “C”. Questions about the meaning of these designations and the differences in the two types of corporations should be addressed to the Internal Revenue Service, www.irs.gov or to an accountant or attorney.

A corporation has officers as described in its bylaws. The same individual may hold more than one office, including that of President and Secretary. (A.C.A. 4-27-840). However, at least one officer must be listed on file with the SOS for franchise tax requirements.

No, the entity maintains that information. The Secretary of State does not track ownership of an entity.

No, the entity maintains those records.

The Internal Revenue Service determines the taxing status of nonprofit corporations.

Asset distribution information is required by the Internal Revenue Service to determine the tax status of nonprofit corporations.

The articles of incorporation must include:
A) a corporate name for the corporation,
B) one (1) of the following three statements; 1) this corporation is a public benefit corporation, 2) this corporation is a mutual benefit corporation, or 3) this corporation is a religious corporation;
C) the street address of the corporation’s initial registered office and the name of its initial registered agent at that office;
D) the name and address of each incorporator, E) whether or not the corporation will have members; and
F) provisions not inconsistent with law regarding the distribution of assets on dissolution. These are minimum requirements and there are other items that may be included and an incorporator should discuss the matter with legal counsel.

A “certified copy” is a true and perfect copy of a document that has been verified and so noted by the Secretary of State.

A “certificate of existence” is a statement issued by the Secretary of State noting basic corporate information and current tax status.

A “certificate of good standing” is a statement issued by the Secretary of State noting that a specific entity has the authority to transact business in the state. You can find out more information about the process of obtaining a certificate of good standing here.

Entities that are in a revoked status endanger their corporate protections and are barred from many corporate activities. Revocation commonly occurs when an entity fails to comply with all franchise tax obligations.

Searches of existing corporate names can be performed online. However, the availability of a name is not guaranteed until the forms are actually file marked by the BCS Division of the Secretary of State. A preliminary name search can be performed at https://www.sos.arkansas.gov/corps/search_all.php.

Please note: there are name restrictions that may not be evident when using the preliminary name-search above. Please be sure to review the name-availability guidelines at: https://www.sos.arkansas.gov/uploads/bcs/BCS_Name_Availability_Guidelines.7__.28__.21__.final__%281%29_.pdf

Businesses not required to file with the Secretary of State may have filed with the county clerk in the county where the business is located. Please check with the applicable county clerk’s office for information regarding a company not on file with the Secretary of State.

First, the entity must be current on all franchise taxes, including a final report for the current year. Next, they should file an Application for Withdrawal/Cancelation depending upon their entity type. See our website for more information. A.C.A. 4-27-1520 (for-profit) or A.C.A. 4-33-1520 (nonprofit).

Submit an application for the entity type along with an original certificate of existence (“good standing”) from the “home” state, dated within the last 30 days. See our website for all filing fees.

Foreign Entities

A.C.A. § 4-27-1501(profit), A.C.A. § 4-33-1501(nonprofit), or A.C.A. § 4-32-1007(LLCs) list the “consequences of transacting business without authority.” Corporations with no certificate of authority cannot file a lawsuit in the State of Arkansas. A for-profit corporation that begins transacting business in Arkansas without authority may be liable for a civil penalty of not less than $100 and not more than $5,000.

Sometimes. A corporation incorporated in another state, a “foreign” corporation under Arkansas law, should review the provisions of A.C.A. § 4-27-1501 (profit), A.C.A. § 4-33-1501 (nonprofit), or A.C.A. § 4-32-1007(LLCs). You will notice that these laws state that “[a] foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State”. A corporation that is uncertain about this question should consult its legal counsel. For more information, click HERE for Foreign Corporation Transacting Business in Arkansas guidelines.

A foreign filing is any filing related to a business entity that is incorporated or organized under the laws of a state or jurisdiction other than the State of Arkansas (i.e., a foreign corporation or foreign business entity).

A domestic filing is any filing related to a business entity that is incorporated or organized under the laws of the state of Arkansas (i.e., a domestic corporation or domestic business entity).

Franchise taxes are paid to the Arkansas Secretary of State’s business services division. They can be filed online (https://www.ark.org/sos/franchise/index.php), via mail, or in person at our Little Rock or Fayetteville office.

The franchise tax is a privilege tax imposed on corporations, including banking and insurance entities and limited liability companies that are registered in Arkansas. The tax is also imposed on foreign corporations and limited liability companies that transact business in Arkansas. (A.C.A. 26-54-101).

An Article/Certificate of Amendment amends a corporation’s/LLC’sinformation. Amendment forms are available online. Examples of changes that can be made include officer names, corporate name, registered agent, and other provisions in the original articles of incorporations/certificate of organization.

For the SOS to carry out the duties of collecting franchise taxes (A.C.A. § 26-54-101 et seq.), we must have the name of at least one individual who is responsible for payment of franchise taxes.

An incorporator/organizer is the person responsible for filing the articles of incorporation or certificate of organization. The incorporator/organizer may or may not be an officer, shareholder or the registered agent. A.C.A. §4-27-201.

Articles of incorporation must include: a) the name of the corporation, b) the number of shares the corporation is authorized to issue, c) the street address of the corporation’s initial registered office and the name of its initial registered agent at that office, d) the name and address of each incorporator, e) the name of at least one officer or director, and f) the primary purpose or purposes for which the corporation is organized. These are minimum requirements and there are other items that may be included and an incorporator should discuss the matter with legal counsel.

Yes. “No corporation (domestic or foreign) shall conduct any business in this state under a fictitious name unless it first files with the Secretary of State, and, in case of a domestic corporation, with the county clerk of the county in which the corporation’s registered office is located (unless it is located in Pulaski County).” A.C.A. § 4-27-404(a).

Issuance of a name by the BCS Division does not necessarily give a person the exclusive right to use that name. Please review our name availability guidelines online at https://www.sos.arkansas.gov/business-commercial-services-bcs/for-new-business.

Officer changes can be made when filing an annual franchise tax report with the SOS, or by filing an amendment with the SOS online at www.sos.arkansas.gov.