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Publish the Articles of Organization in a Newspaper
by Richard Keyt, Arizona LLC and business attorney
Within sixty days after the date the Articles of Organization were filed with the ACC, you must publish a Notice for Publication for three consecutive publications in a newspaper of general circulation in the county of the company's known place of business in Arizona. The notice of filing the Articles must contain the information required in Arizona Revised Statutes Section 29-632, subsection A, paragraphs 1, 2, 4 and 5.
If you file the Articles of Organization on an expedited basis, you may wait to publish the Notice for Publication until the ACC approves the Articles of Organization to prevent wasting the publication costs if the articles are rejected.
See the ACC's list of Arizona newspapers of general circulation by county, which list also includes newspapers from which the ACC will not accept publications. The cost to publish the Notice for Publication depends on the newspaper, the county in which the newspaper is located and the length of the Notice, but you should budget $55 - $85 if the known place of business is in Maricopa County.
Publication cost will be greater if your company's known place of business is outside Maricopa County. Caution: The Yuma Daily Sun is the only ACC approved newspaper in Yuma County so it grossly over charges for legal publications, including a Notice for Publication. In the past, this newspaper charged me three times more to publish in Yuma County than what I paid in Maricopa County for similar publication.
How to Avoid Being Over Charged by a non-Maricopa County Newspaper
To avoid excessive legal publication costs (perhaps as much as $100 or more) for a Notice of Publication, do the following:
Return the Affidavit of Publication to the ACC
Within ninety days after the date of filing the Articles of Organization, you must file with the ACC a notarized Affidavit of Publication evidencing the publication of the Notice for Publication as required by Arizona law. Confirm with your newspaper that it will automatically as part of its publication service prepare and file the Affidavit of Publication with the ACC. Instead of filing the Affidavit of Publication directly with the ACC, some newspapers mail the document to you and you must then send the Affidavit to the ACC before the ninety day deadline. Make a tickler or calendar a reminder of the deadline if you must send the Affidavit to the ACC.
Failure to Comply with the Publication Requirements
If you fail to timely publish the Notice of Publication or fail to timely file the Affidavit of Publication with the Arizona Corporation Commission, the ACC may revoke the charter of the company, which causes it to die and cease to exist.
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 2,900+ 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. 3. Email at email@example.com and fax at 602-297-6890. Rick's web site located at www.keytlaw.com had over 6,000,000 visitors in 2006 - 2010. To follow Rick on Twitter go to www.keytlaw.com/twitter. 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.
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This page was last modified on June 02, 2011.
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