How to Register a Business Name in Arkansas

Updated: October 1, 2023
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There are 3 primary ways you can register a business name in Arkansas. You can form a separate business entity by starting your business as an Arkansas LLC or Corporation, or you can file a DBA name (also referred to as an Assumed Name) if you operate as a sole proprietor or general partnership. For additional legal protection of your business name, you can also file a federal trademark.

You’ll want to finalize and register your business name before completing other registrations required to legally start your business in Arkansas, such as:

  • Setup an Arkansas Taxpayer Access Point (ATAP) account, which is used to register for Sales Tax and Withholding Tax with the Arkansas Department of Finance and Administration
  • Obtaining occupation and professional licenses from the Arkansas Department of Labor and Licensing
  • Applying for an Employer Identification Number (EIN) from the IRS
  • Opening a business bank account

How much does it cost to Register a Business Name in Arkansas?

The cost to register an Arkansas business name varies depending on the type of registration:

  • Arkansas LLC cost: $45
  • Arkansas Corporation cost: $45
  • Arkansas DBA cost: $25

Steps to Registering a Business Name in Arkansas:

  1. Check for Business Name Availability
    2.
  2. Choose a Business Structure
    3.
  3. File your Arkansas Business Name Registration
  4. File a Trademark
    5.

1. Check Business Name Availability

Once you’ve developed a good business name, you’ll need to verify that it’s available. You’ll want to ensure that there isn’t another business in Arkansas using that business name or has a similar name. There are three types of searches we recommended to verify that your desired name is available:

Arkansas Business Name Search Help

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Trademark Search

The first type of search you’ll want to do is a federal trademark search. As a federal-level registration, a trademark is the ultimate form of business name protection. They supersede any local or state-level registration, so you want to verify that the name isn’t trademarked. While trademarks have limitations, if the name is the same or similar to an existing trademark, you’ll want to create a new name.

You can search the U.S. Patent and Trademark Office (USPTO) database by visiting the Trademark Electronic Search System (TESS) page. Be advised that the results provided by the TESS system can be challenging to read and interpret. Alternatively, you can use the Free Trademark Search from Trademark Engine, which provides a more accessible user interface.

Arkansas Business Name Search

Once you’ve verified that your business name isn’t trademarked, it’s time to verify it’s not registered in Arkansas. You can complete your search using the Arkansas Business Entity Search.

Complete a few searches using wildcard characters or parts of your business name to find any close matches. This is important because if your business name matches another Arkansas business too closely, it can result in your business name filing being rejected.

Pro Tip: You might see that your name was registered in the past but is now available because the previous business closed or let their name lapse. Even if the name is available now, it’s highly recommended that you choose a new name if it was registered in the past.

This is because the IRS system that issues EINs often has problems with previously issued names that result in what’s known as “EIN Reference Number 101 error”. While you can still get an EIN after this error, it’s a cumbersome process requiring you to call the IRS and fax them paperwork to get your EIN issued. Unless using that name is absolutely necessary for you and you don’t mind the headache it could cause, we recommend generating a new business name.

Website Domain Search

After confirming there’s no trademark issues and you can register your business name in Arkansas, you should verify that your domain name is available. Even if you don’t have plans to build a website any time soon, you should register your domain name to block competitors from using it. At a minimum, having a domain name will make your business more credible by allowing you to use an email that has your business name.

Domain Name and Business Email

You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.

2. Choose a Business Structure

The next step in the Arkansas business name registration process is to choose the legal structure your business will use. The business structure will determine how your business name is registered. When choosing a business structure, you should consider the number of owners your business will have, what type of financing you’ll need, how much personal liability you’re comfortable with, and how your business will be taxed. You can use our guide on How to Choose a Business Structure for more detailed information on making the best choice for your business.

Recommended Business Structure:

We recommend starting as an LLC for most new businesses. LLCs are easy to maintain and have benefits that other structures don’t. They provide liability protection that a sole proprietorship and general partnership don’t and aren’t subject to double taxation like a corporation.

If you’re interested in starting an LLC, check out our list of the best LLC formation services to find the best service for your needs.

LLC

An LLC (Limited Liability Company) is a flexible business structure created under Arkansas law (AR Code § 4-38), that combines the limited liability protection of a corporation with the simplicity and tax benefits of a partnership or sole proprietorship.

Learn More: What is an LLC

LLC Pros

  • Personal liability protection
  • Legally separate entity
  • Default pass-through taxation (business income taxed once)
  • Unlimited number of owners (members)
  • Flexible management – can be run by members or non-owner managers
  • Option for S-Corp tax status

LLC Cons

  • Upfront filing costs
  • Ongoing cost and filings to stay compliant
  • Unable to go public

Do you need to register to be an LLC in Arkansas?

Yes, if you want to have your business legally recognized as an LLC in Arkansas you need to register with the Arkansas Secretary of State.

Jump to: Register an LLC Name

Corporation

A corporation is a legally separate business from its owners under Arkansas law (AR Code § 4-26). Owners, called stockholders, enjoy limited liability. It’s great for raising funds from investors and offers protection.

Learn More: What is a Corporation

Corporation Pros

  • Personal liability protection
  • Legally separate entity
  • Unlimited number of owners (shareholders)
  • Easier to raise capital by selling stock
  • Able to go public
  • Option for S-Corp tax status

Corporation Cons

  • Default double taxation
  • Upfront filing costs
  • Ongoing costs and filings to stay compliant
  • Increased record keeping requirements
  • Strict management structures set by law

Do you need to register to be a Corporation in Arkansas?

Yes, if you want to have your business legally recognized as a Corporation in Arkansas you need to register with the Arkansas Secretary of State.

Jump to: Register a Corporation Name

Sole Proprietor

A sole proprietorship is a basic, single-owner business. It’s easy to start with minimal paperwork. The owner and business are legally the same, leading to unlimited personal liability.

Learn More: What is a Sole Proprietorship

Sole Proprietor Pros

  • Easy and inexpensive to start
  • Simple taxes (business income taxed once)
  • Easy to maintain
  • Complete control for owner

Sole Proprietor Cons

  • Unlimited Liability Risk
  • Hard to raise money and get loans
  • Not separate from owner
  • Difficult to sell business
  • No other tax status options

Do you need to register your sole proprietor business name in Arkansas?

If your business name doesn’t contain your full name (both first and last name), it’s necessary to register your business name by completing a “doing business as” name (DBA) filing. For instance, if your name is “Jessica Jones” and you operate a nail salon, the name “Jessica Jones Nail Salon” wouldn’t require registration. However, if the business name is “Glamour Nails,” registration would be mandatory.

Jump to: Register a DBA Name

Partnership

A partnership involves 2 or more owners who agree to share in all responsibilities including having unlimited liability. Profits or losses flow directly to owners’ personal taxes.

Learn More: What is a Partnership

Partnership Pros

  • Easy and inexpensive to start
  • Pass-through taxation (business income taxed once)
  • Unlimited number of owners (partners)
  • Shared business responsibilities

Partnership Cons

  • Unlimited Liability Risk
  • Responsible for partners’ actions
  • Hard to raise outside capital
  • Not separate from partners
  • Difficult to sell business
  • No other tax status options

Do you need to register your partnership business name in Arkansas?

In Arkansas, a partnership must register a “doing business as” (DBA) name if their chosen business name doesn’t include the last names of all partners. For instance, if 3 people named Sarah Johnson, Daniel Smith, and Maria Brown want to start a restaurant, they can operate under the name “Johnson, Smith, and Brown Bistro” without registration. However, if they opt for a distinctive brandable name like “Savor Fusion Bistro”, they would be required to file for an Assumed Name (DBA).

Jump to: Register a DBA Name

3. File your Arkansas Business Name Registration

Now that you’ve verified your business name’s availability and chosen a business structure, it’s time to get down to business and complete the filing to officially register your Arkansas business name. Pick the process that corresponds to the business structure you have picked out in the previous step (Note: If you chose to start as a sole proprietorship or partnership, you’ll file a DBA).

Register an Arkansas LLC Name

To register your Arkansas LLC you’ll need file a Certificate of Organization (Form LL-01) with the Arkansas Secretary of State, which has a filing fee of $45. In your Certificate of Organization (Form LL-01) filing, you’ll need to provide information about your business, including:

  • LLC Name
  • Information about the LLC members (owners) and managers (if applicable)
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

Arkansas LLC Name Requirements

Arkansas LLCs must use a name that follows the naming rules outlined in Arkansas law (AR Code § 4-38-112):

  • Must be distinguishable (unique) from all others businesses registered with the Arkansas Secretary of State
  • Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
  • Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking, Savings, Safe Deposit, Trust, Trustee, Insurance, Credit Union, Olympic

For more in-depth information check out our How to Start an LLC in Arkansas guide, where we cover all the steps needed to form an LLC in full detail.

Want Help Starting an Arkansas LLC?

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Register an Arkansas Corporation Name

To register your Arkansas Corporation you’ll need file Articles of Incorporation with the Arkansas Secretary of State, which costs $45. In your Articles of Incorporation filing you’ll need to provide information about your business, including:

  • Corporation Name
  • Names and addresses of the board of the directors
  • Number and type of authorized shares
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

Arkansas Corporation Name Requirements

Corporations in Arkansas are required to use a name that follows the rules detailed under Arkansas law (AR Code § 4-26-401):

  • Must be distinguishable (unique) from all others businesses registered with the Arkansas Secretary of State
  • Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
  • Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking, Savings, Safe Deposit, Trust, Trustee, Insurance, Credit Union, Olympic

Want to Incorporate in Arkansas?

If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Arkansas, which covers each step you’ll need to complete to start an Arkansas corporation.

Register an Arkansas DBA (Assumed Name)

An Arkansas DBA (Assumed Name) allows a business to operate using a business name that is different than their legal name. To register an Arkansas DBA you’ll need to complete an Application for Fictitious Name and submit it to the county clerk’s office (except if in Pulaski County), along with the filing fee of $25. You’ll need to provide the following information:

  • Name and address of Applicant(s)
  • Business Name (Assumed Name)
  • Address where business is transacted

Arkansas DBA (Assumed Name) Requirements

The rules for an Arkansas Assumed Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Assumed Name. DBAs also can’t contain prohibited words or words that imply association with government entities.

Keep in mind that if you operate a business under any name other than your legal name in Arkansas, you’re required to register. Any person found to be transacting business under an assumed name without registering is subject to fine of $25-$100, which each day of violation considered as a separate offense.

Arkansas DBA Registration Assistance

Get help registering your Arkansas DBA with Swyft Filings. Packages starting at $99 (plus filing fees).

4. File a Trademark (Optional)

Consider filing a trademark to own and control your business name. Trademarking your business name is a great way to protect your brand. A trademark is a federal registration, providing nationwide protection beyond just registering in Arkansas.

You can apply for a trademark online, but the trademark registration process can be complicated and lengthy. On average, it takes around 7-9 months before a USPTO examining attorney initially reviews an application. As a result, it’s crucial for your initial application to be prepared correctly.

Consider getting assistance from a qualified attorney or a trademark filing service to ensure your application is prepared correctly. This can save you time and the headache of dealing with the filing and response process required to register a trademark.

Trademark Filing Assistance

Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).

Additional Business Resources in Arkansas

For more help, check out our How to Start a Business in Arkansas guide, or use these resources: