One defining consideration for Arizona corporate formation is organization. Some new businesses would benefit from forming as a corporation. For others, a partnership or limited liability company (LLC) is a better entity choice. The business law attorneys at Giordano Spanier & Heckele Law Firm can help you make this essential decision, and proceed to the actual formation process.

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

(3) The signed and properly prepared articles must be submitted to the Arizona Corporation Commission (“ACC”).

These steps can seem deceptively simple. Arizona corporate formation statutes establish all information that must be contained in the articles of incorporation for a given entity. See A.R.S. §§10-202 and 10-120. To qualify for filing with the ACC, the articles must satisfy each statutory requirement. Some requirements may seem trivial, such as the fact that the articles cannot be handwritten; they must be typed. See A.R.S. § 10-120(D).

Additionally, the articles of all entities must contain a proper corporate name (which satisfies the separate naming requirements under A.R.S. § 10-401), a brief statement of the character of the business, and each directors’ name and address. See A.R.S. § 10-202(A). If your articles do not meet the statutory requirements the ACC can refuse to file them, so it is important that all statutory requirements are observed. See A.R.S. § 10-125. See also § 10-130.

 

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

After proper preparation and signing, 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 Arizona business. To speak to an attorney, call (520) 495-0869 or email us at [email protected]