How to withdraw a foreign Arkansas LLC or corporation business with the Secretary of StateWe’re Just Not Annoying®
Arkansas Secretary Of State Certificate Of Authority Cancellation Requirements And Instructions
How to withdraw your foreign Arkansas Limited Liability Company or Arkansas Corporation Certificate of Authority:
You have to file the appropriate form with the Arkansas Secretary of State, Business and Commercial Services (BCS) to withdraw your foreign business entity from Arkansas. You have to file a paper withdrawal form, you can’t apply for withdrawal/cancellation online. When you sign up for registered agent service with Northwest, the withdrawal forms are in your online account. You can also access forms on BCS website or by contacting BCS.
Foreign Limited Liability Company registered in Arkansas:
File an Application for Cancellation by Foreign Limited Liability Company
Foreign corporation registered in Arkansas:
File a Certificate of Withdrawal of Foreign Corporation
Submit the original withdrawal or cancellation form, a Final Franchise Tax Report, and a check for fees to BCS by mail or in person. Fees include the filing fee as well as the franchise tax for the current year. Checks should be payable to Arkansas Secretary of State.
How much does it cost to cancel your out of state registration with Arkansas?
There is no filing fee to cancel your foreign Arkansas LLC. But there is a $150 minimum final franchise tax due.
There is a $300 filing fee to withdraw your foreign Arkansas corporation. For corporations with authorized stock, there is a $150 minimum final franchise tax. Corporations without authorized stock pay a $300 minimum final franchise tax.
Do you need an Arkansas Department of Finance and Administration clearance first?
No, you do not need to request tax clearance from the Department of Finance and Administration before you file. But you do need to include a Final Franchise Tax Return with your application for withdrawal or cancellation.
How long does it take the state to process the withdrawal filing?
Arkansas BCS processes withdrawals within two business days.
Walked in documents are processed while you wait.
What agency do you need to file the withdrawal with?
Submit withdrawal documents to:
Arkansas Secretary of State
Business and Commercial Services
Little Rock, AR 72201-1094
1401 West Capital Ave., Ste. 250
Little Rock, AR 72201
What happens if you don’t file a withdrawal and just let your annual report filings go unfiled?
All Arkansas foreign LLCs are required to file the annual report and franchise tax by May 1 each year. You are responsible for the tax until you formally withdraw your from Arkansas. If you do not file your annual report and comply with franchise tax requirements by the due date, BCS will impose fines and revoke your authority to do business in Arkansas.
If you just don’t file an annual franchise tax report, how long before you lose your Certificate of Authority?
If a foreign corporation or LLC does not file its annual franchise tax report by May 1st, Arkansas BCS will send them a delinquency notice within 60 days. If the foreign business entity still does not file the report, they will be revoked on December 31st of that year.
What are the late fees and penalties to re-register if your registration is forfeited?
Your foreign business would have to re-qualify in Arkansas. BCS can collect fees, penalties, and interest for the most recent three year period. So if it has been more than three years since you were revoked, BCS can only collect your past due fees for the last three years.
Corporation Certificate of Authority: $310 minimum fee
LLC Application for Registration: $150 fee
How long does the registered agent have to accept service of process after a foreign corp or llc has filed a Certificate of Withdrawal of Registration?
When you file to withdraw your corporation or LLC, you revoke the authority of your registered agent in Arkansas. After a foreign corporation or LLC withdraws, service of process is made on the Secretary of state, not the registered agent.
If you wish to resign as Arkansas registered agent, make the appropriate filing with the Secretary of State’s office.