Entrepreneurs and business innovators can turn their ideas into profitable ventures in Arkansas by forming an official business entity. One of the obstacles that sometimes deters people from creating an Arkansas LLC involves navigating a process. One of the critical steps is learning how to conduct a business entity search in Arkansas and secure a name for your LLC. The following are items you’ll encounter and ways to get a suitable name for your enterprise.
A business entity search typically involves going to a state’s corporate database and trying a variety of suitable names for your venture. People launching new businesses usually comprise a list of memorable business names that will resonate with their potential client base. What many entrepreneurs discover once they open the search engine on the Arkansas Secretary of State’s platform is that not every option is available.
The State of Arkansas, like others, requires each enterprise to possess a specific and unique name. The reasoning behind this regulation is to prevent confusion among consumers, government agencies, and tax collection. Before registering an Arkansas LLC, you must secure a business entity name per the state’s guidelines.
It’s important to keep in mind the Arkansas Secretary of State reserves the right to deny any business entity name that it finds too similar to another or confusing to the public. Such names may include previously registered names, trademarks, derivatives, as well as active ones. If disputes arise between entities, the Secretary of State is not authorized to resolve issues. Rather than litigate naming rights, Arkansas recommends avoiding the following issues:
abbreviating Corporate/Entity Name Endings, such as LLC, LP, LLP, LLLP, Corp, Inc., Co. This rule applies even if the corporate ending is part of the actual entity name. Ex: Central Broadcasting Company vs. Central Broadcasting Company Inc.
using the word Arkansas or any abbreviation. For example, Outdoor Landscaping vs. Arkansas Outdoor Landscaping.
Spaces, punctuation, underscores, apostrophes, inverted apostrophes, characters, marks, etc.
Trying to distinguish a name by using uppercase and lowercase letters.
Articles of speech (a, an, the, and, &), prepositions (of, for, by, with, on, to, etc.), contractions (can’t vs cannot), pronouns (I, you, we, me, etc.).
Abbreviations and commonly understood meanings. For instance, H2O Productions vs. Water Productions.
Adding numbers to a name: Store vs Store 2.
The addition, in certain contexts, of “American,” “America,” “US,” “USA,” “National,” and/or “International” to a registered or reserved name.
Inappropriate, vulgar, deceptive, or misleading language.
The Secretary of State encourages people forming a business to clearly distinguish the name from others. In the event your startup provides the same or similar product or service, geolocation tags may be acceptable. For example, Heavy Duty Towing of Little Rock may be considered distinct from Heavy Duty Towing of Jonesboro.
Some names require express written approval from an Arkansas Agency, Board, or Commission. One example is the term “Razorbacks,” which must be approved by the University of Arkansas System.
Arkansas is generally considered a business-friendly state. The Secretary of State’s business services web page provides an easily accessible Business Entity Name Search under the For New Businesses tab. With your list of possible names in hand, click on the Name Search option and follow these steps.
You will have the option of running a search for the Name or Fictitious Name. A fictitious name is different from the actual name. Sometimes called a Doing Business As (DBA), it allows organizations to avoid using certain terms, such as the owner’s name. It’s perfectly legal to use either when branding or marketing an Arkansas LLC. Finding an available business entity name may require several searches. Once you have identified a suitable name, you can move forward with filing the entity.
In Arkansas, you have a 120-day grace period before the name needs to be officially registered. Reserving the name online or by snail mail with the Arkansas Secretary of State requires a filing fee of about $25. Taking this initiative will prevent someone from registering the name.
If your venture uses a specific phrase or symbol to identify its products or services, it may be worthwhile to also file for a trademark. You can run a search on the Business and Commercial Services — Trademark page. Enter the pertinent information and click search. The trademark search mirrors the business entity name process. Business and Commercial Services will approve, decline and record the words, phrases, or trademark symbols.
One key reason for reserving a business entity name for 120 days is to secure an accompanying domain. Having a website with the same or a similar moniker helps drive customers and clients to the platform. There are several popular and user-friendly domain registration outfits. These online businesses allow you to run domain name searches and register a suitable option. With the business entity name reserved and a domain in hand, you can file your Arkansas LLC and move forward.
Forming an LLC in Arkansas is a rewarding venture that begins with selecting a unique and compliant business name. Conducting a thorough business entity search is essential to ensure your desired name is available and adheres to Arkansas’s specific naming guidelines. By following the steps outlined, you can confidently move forward in establishing your LLC. With your business name secured, you’re one step closer to bringing your entrepreneurial vision to life in Arkansas.
Here are answers to some frequently asked questions about researching business names:
Performing an Arkansas business entity search allows professionals to identify a suitable and unused name. This is necessary to market the operation effectively and register an Arkansas LLC.
The Arkansas Secretary of State’s website includes a commercial services page with a business entity name database. You can run as many searches as needed to find an unused name that is also dissimilar to others.
Reserving an Arkansas LLC name gives startups a 120-day grace period to sync other elements of the organization. One key reason to reserve a business entity is to secure a matching domain name for your online presence. The cost of reserving a business entity name is about $25. The fee can be paid online or by sending the form with a check via snail mail.
The short answer is: Yes. Fill out the Renewal of Reservation of an Entity Name form before the initial 120 days expire.
In Arkansas, a Doing Business As is called a “fictitious name” on the Secretary of State platform. If you plan to distinguish between the actual Arkansas LLC and how it is promoted to the public, it’s essential to register the fictitious name.
The Arkansas naming guidelines are quite extensive. The Secretary of State published a list of dos and don’ts highlighting best practices. Consider reviewing the Arkansas naming guidelines before starting your search.
If your preferred Arkansas LLC has already been taken, run another search for a suitable name. It may be prudent to create a list of options in order of priority. Don’t be surprised if securing a business entity name takes a few passes.
If you are considering forming an LLC in Arkansas, the Secretary of State publishes a helpful Doing Business in Arkansas handbook. The 32-page e-book answers essential questions and provides information about how to avoid common filing setbacks.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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