How Do I

Question:  I just formed by new Arizona limited liability company.  I now need to open a bank account in the name of the LLC.  How do I open the account?

Answer:  Tell the bank you want to open a bank account in the name of the LLC.  Give the following to the bank officer:

• A copy of the LLC’s Articles of Organization with either the Arizona Corporation Commission’s “received” stamp or its “filed” stamp.  Most banks will accept the Articles of Organization before it has been approved by the ACC.  A few, however, require a copy of the Articles of Organization approved by the ACC with the “filed” stamp on it.

• The LLC’s federal employer identification number (EIN).  To learn how to get an EIN for an LLC, read my article called “How Do I Get a Federal Employer Identification Number for an LLC?“

• A few banks also require a copy of the LLC’s Operating Agreement.  If you do not have an Operating Agreement for your Arizona LLC hire me to prepare a custom Operating Agreement by completing and submitting our online Operation Agreement Questionnaire.

If you want to open a bank account immediately after submitting the Articles of Organization to the ACC, you must hand deliver two copies of the Articles of Organization to the ACC. Give one copy to the ACC and ask the ACC clerk to stamp the copy with the ACC received stamp and return it to you.  Use this copy to open the LLC’s bank account.  If you do not follow this procedure, you will not be able to open the LLC’s bank account until you receive the approved Articles of Organization from the ACC one to four week after the submission date.  Check the upper right hand corner of this website for the date of documents filed on an expedited basis that are being reviewed by the ACC.

I recommend that you get an EIN for your LLC.  Banks will allow you to open a bank account in the name of the LLC if you give the bank your social security number.  In this age of identity theft, it is better to get an EIN for the LLC so you do not have to give out your SSAN to banks or others from time to time.

Question:  I plan on forming a new Arizona limited liability company in the near future.  How do I prevent somebody from taking my desired name before I form the LLC?

Answer:  Submit a name reservation with the Arizona Corporation Commission.  When approved, you will have the exclusive right to use the name for an Arizona LLC, corporation or limited partnership for 120 days.  Before you attempt to reserve the name you must:

• Review the Arizona Corporation Commission’s naming standards.

• Check the Arizona Corporation Commission’s name database to see if the desired name is available.  Don’t forget to put LLC after the desired name and select the LLC radio button.

• If the name is available, click on the “reserve” name button to go to the name reservation screen.

The fact the ACC grants a name reservation does not guaranty that the name will be approved when an ACC examiner reviews the Articles of Organization.  The name reservation expires after 120 days.

As to whether you should reserve a name and whether it is a waste of money, listen to the KEYTLaw Girl video called “Should You Reserve a Name with the Arizona Corporation Commission for Your New LLC or Corporation?“

Question:  How do I change the name of an Arizona limited liability company?

Answer:  The company must file Articles of Amendment to the Articles of Organization in which it notifies the Arizona Corporation Commission of the name change. Within sixty days after the ACC approves the amendment changing the name, a copy of the articles of amendment or restated articles of organization shall be published in a newspaper of general circulation in the county of the known place of business for three consecutive publications unless the company’s statutory agent’s address is in Maricopa or Pima county.

If publication is required an affidavit evidencing publication may be filed with the ACC.  I recommend that the company always file an Affidavit of Publication with the ACC so it can prove years later that it satisfied the publication requirement.

For more on this topic see my article called “How to Change the Name of an Arizona LLC.”

Question:  How can I speak to a live person at the Arizona Corporation Commission about an Arizona LLC?

Answer:  Call one of the following numbers:

• Corporate Filings: 602-542-3026

•  Annual Reports: 602-542-3285

•  Records: 602-542-3026

Question:  How do I get a doing business as, aka a dba for my Arizona LLC?

Answer:  Arizona calls a “dba” a trade name.  An Arizona LLC gets an Arizona trade name (dba) by filing a Trade Name Registration Application with the Arizona Secretary of State and paying a $10 fee.  The Arizona Secretary of State will reject the trade name if it conflicts with an existing name or an AZ LLC, corporation, limited partnership or trade name.  Before applying for a trade name, read “How Do I Check if a Name is Available for a New Arizona LLC?“

For more on Arizona trade names see:

• Arizona Secretary of State’s Trade name Popular Questions

• Arizona Secretary of State’s Trade Name and Trademark Handbook

• Arizona Secretary of State’s Trade name Search

Arizona Secretary of State Contact Information

Mailing Address:  1700 W. Washington Street, 7th Floor, Phoenix, Arizona 85007

In Person:

Phoenix Customer Service Center: State Capitol Executive Tower, 1st Floor, Room 103, Phoenix, Arizona

Tucson Satellite Office: Arizona State Complex Building, 400 West Congress, 2nd Floor, Room 252, Tucson, Arizona 85701

Questions: Call (602)542-6187 or 1-800-458-5842 (state of Arizona only)

Hours: Monday – Friday, 8am – 5pm, except holidays