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Authority to Transact Business in Arizona for Profit Corporations and Conduct Affairs for Nonprofit Corporation

by Richard Keyt

Arizona law requires that every corporation and limited liability company that transacts business (for profits) or conducts affairs (nonprofits) in Arizona must obtain authority to do so from the Arizona Corporation Commission.  This process is commonly referred to as "qualifying to do business in Arizona," "registering to do business in Arizona" or "registering to conduct affairs in Arizona."

Registering Foreign Corporations in Arizona

A corporation (a nonprofit corporation or a nonprofit corporation) formed outside Arizona may qualify to do business in Arizona by:

1. Filing the following documents with the Arizona Corporation Commission (ACC):  (i) an "Application For Authority To Transact Business In Arizona" (profits) or an "Application For Authority To Conduct Affairs In Arizona" (nonprofits) (ii) an ACC coversheet, and (iii) a "Certificate of Disclosure" signed by the appropriate officer of the corporation.

2. Naming a statutory agent (called a resident agent in some states) for the corporation who has an address in Arizona that is not a post office box.  If your corporation does not have anybody with an address in Arizona who can be its statutory agent, KEYTLaw, LLC, provides that service for $99 a year.

3. Naming the street address of the corporation's known place of business in Arizona.  If your corporation does not have an address in Arizona for its known place of business, KEYTLaw, LLC, provides that service for $100 a year.

4. Submitting the following documents with the Application for Authority: (i) a copy of the corporation's Articles of Incorporation, (ii) a copy of any amendments to the Articles of Incorporation, and (iii) a certificate of the corporation's existence authenticated (within 60 days of the date of filing the Application) by the appropriate government agency of the state of formation of the applicant corporation.

5. Publishing a copy of the Application For Authority in an approved Arizona newspaper within 60 days after filing the Application.

6. Delivering to the ACC within 90 days after filing the Application an affidavit evidencing the publication in an approved Arizona newspaper.

7. Paying the Arizona Corporation Commission a $175 filing fee.  We recommend that applicants pay an additional $35 for expedited filing to avoid unnecessary delay.

Name Must Not Conflict with an Arizona Name

The Arizona Corporation Commission will not approve the Application For Authority unless the corporate name is distinguishable from all of the following:

1. The corporate name of a corporation incorporated in Arizona or a foreign corporation authorized to transact business in Arizona.

2. A corporate name reserved under A.R.S. Section 10-402 or registered under A.R.S. Section 10-403.

3. A fictitious name adopted by a foreign corporation under A.R.S. Section 10-1506.

4. The corporate name of a nonprofit corporation incorporated in Arizona or a foreign nonprofit or not for profit corporation authorized to conduct affairs in Arizona.

5. The partnership name of a limited partnership organized and registered under the laws of Arizona or of a foreign limited partnership authorized to transact business in Arizona.

6. The name of a limited liability company formed in Arizona or a foreign limited liability company authorized to transact business in Arizona.

7. A trade name registered with the Arizona Secretary of State.

8. The name of a registered limited liability partnership registered in Arizona or a foreign registered limited liability partnership authorized to transact business in Arizona.

If your corporation's name conflicts with an existing Arizona company name or tradename, you may still register the corporation to do business in Arizona, but the corporation will have to adopt a tradename in Arizona that does not conflict with any other Arizona names or tradenames. 

If the exact name of your corporation is used in Arizona by another entity or is registered as a tradename with the Arizona Secretary of State, your corporation cannot register to do business or conduct affairs in Arizona under its actual name.  Instead, the corporation must register a tradename (also known as a dba or fictitious name) with the Arizona Secretary of State for use in Arizona and deliver to the ACC a copy of the tradename certificate and resolutions of the Board of Directors of the corporation authorizing the corporation to transact business or conduct affairs in Arizona using the tradename.  Check the ACC's website to see if you corporation's name conflicts with an Arizona company name or tradename.

Application For Authority To Transact Business In Arizona Preparation Service

For a fixed legal fee of $395 plus costs of $310 Arizona business attorney Richard Keyt will prepare the Application for Authority to register your non-Arizona corporation to do business in Arizona.  The documents include the:

1. Application For Authority,
2. the ACC coversheet, and
3. a Certificate of Disclosure.

We will also publish the Application For Authority in an Arizona newspaper and deliver the Affidavit of Publication to the Arizona Corporation Commission within 90 days of filing the Application.

The costs are $310, which consists of the $210 expedited filing fee paid to the Arizona Corporation Commission and $100 to publish the Application For Authority in an Arizona newspaper.

If your corporation cannot use its name in Arizona, for an additional $195 we will prepare a corporate resolution for your Board of Directors to sign adopting a tradename in Arizona and prepare the Application for Tradename and file it with the Arizona Secretary of State to register a tradename / dba under which the corporation may operate in Arizona.

How to Hire Richard Keyt to Prepare Your Application For Authority To Transact Business In Arizona

To hire Arizona corporate attorney Richard to qualify your foreign corporation to transact business in Arizona, complete our online Service Agreement, sign it and send it to us with your check and corporate documents.  If you have questions about registering your corporation to transact business in Arizona, call Richard Keyt at 602-906-4953 extension 101.  See Rick Keyt's resume and areas of practice.

About the Author

Richard Keyt, J.D., LL.M. (income taxation New York University Law School) is a business, real estate, transactions, contracts and estate planning attorney licensed to practice law in Arizona.  He has formed over 1,500+ Arizona limited liability companies in the last few years because his low cost high quality LLC package is second to none and it only costs $599 for everything.  Rick has practiced law in Arizona since 1980.  Rick can be reached by telephone at 602-906-4953, ext. 101.  Email at  rickkeyt@keytlaw.com and fax at 602-297-6890.  Rick's web site located at www.keytlaw.com had over 1,000,000 visitors in 2006 and 2007.  Rick does not accept matters involving landlord / tenant disputes or litigation of any kind (other than tax lien foreclosures).  Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.

For Non-Arizona Corporations

To hire KEYTLaw to prepare the documents to register your corporation (profit or nonprofit) to transaction business in Arizona, complete the online Service Agreement, sign it and send it to us with your check and corporate documents.

Call Rick at 602-906-4953 extension 101 if you have questions about qualifying your corporation to do business in Arizona or questions about our online Service Agreement.

For Non-Arizona LLCs

To hire KEYTLaw to prepare the documents to register your company as a foreign limited liability company in Arizona, complete the online Service Agreement, sign it and send it to us with your check and Certificate of Good Standing.

Call Rick at 602-906-4953 extension 101 if you have questions about registering your company to do business in Arizona or questions about our online Service Agreement.

This page was last modified on April 10, 2008.

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