Recently I received an email message from a person who is not my client that stated the following:

“I hired LegalZoom to form the LLC that I started here in Arizona . . . towards the end of 2014. Earlier this year I found out that . . . [the LLC] was never published in the newspapers ( I thought that this service what part of the package that I purchased from LegalZoom) I’m not quite sure what to do”

This is an example of why people should not use this document preparer to form an Arizona LLC.  We always publish for every LLC we form.  Publication is a requirement of Arizona LLC law.

Arizona Revised Statutes Section 29-635.C states:

“Within sixty days after the commission approves the filing, there shall be published in a newspaper of general circulation in the county of the known place of business, for three consecutive publications, a notice of the filing of such articles of organization”

Notice the language that says the notice SHALL be published.  Arizona LLC law, however, does not state the consequence of failing to publish the notice timely.  A third party could argue to a court that the failure to satisfy the publication requirement of Section 29-635.C means the LLC was not legally formed and therefore does not exist.

Because Arizona law is silent on the consequences of failing to publish, I recommend that LLCs that do not publish timely publish when they become aware of the fact the LLC did publish.  Better late than never.

Author’s Note:  As of January 1, 2017, Arizona Revised Statutes Section 29-635.C  was amended to eliminate the newspaper publication requirement for LLCs that have a place of business in Maricopa County or Pima County.