LLC Name Reservation Requirements in Arkansas
At a glance
| Governing law and optional reservation scope | Optional LLC name reservation under Ark. Code § 4-38-113; separate foreign-name registration under § 4-38-114 |
|---|---|
| Who may apply and for which LLC or series name | Any person may apply before forming an LLC (§ 4-38-113(a)); SOS RN-06 offers domestic/foreign selection; § 4-38-113 states no separate protected-series or name-change route |
| Name availability, designator, distinguishability, and consent | Must comply with § 4-38-112: LLC designator and distinction from listed filed, registered, and reserved names; statutory similarity tests and consent route (§ 4-38-112(a)–(d)) |
| Application, signer, form, and filing office | File applicant name/address and proposed name with Secretary of State; applicant signs under general record rule (§§ 4-38-113(a), -203(a)(5), -206(a)); SOS offers RN-06 |
| Reservation, renewal, transfer, and cancellation fees | Paper: $25 reservation and $25 transfer; online: $18.50 plus $4 processing = $22.50 each (§ 4-38-1104(a)(3)–(4), (d)(3)–(4)) |
| Term, start date, and statutory exclusive use | If available, Secretary reserves name for applicant's exclusive use for 120 days; § 4-38-113(a) gives no precise start-date formula |
| Renewal, filing window, and repeat limits | § 4-38-113 states no renewal method or window; current SOS RN-06 says 'with 1 renewal in 120 days' without explaining the process |
| Transfer notice, signer, and transferee details | Owner delivers signed transfer notice in a record to Secretary of State, stating transferee's name/address (§ 4-38-113(b)); SOS TRN-06 |
| Cancellation, withdrawal, revocation, and scope of name rights | § 4-38-113 states no reservation cancellation, withdrawal, or revocation procedure; reservation is an entity-name hold, not formation or trademark clearance |
Requirements one by one
Applicant and name
Ark. Code § 4-38-113(a) lets a person apply to reserve an available LLC name by giving the Secretary of State the applicant's name and address and the proposed name. Current § 4-38-112(a) requires an LLC designator; § 4-38-112(b) compares the name with filed, registered, and reserved names. Under § 4-38-112(c), a change only in a suffix, article, “and”/“&”, singular, plural or possessive form, or punctuation does not make a different name distinguishable. Section 4-38-112(d) has a consent-and-name-change undertaking route, but the Secretary still decides availability.
Filing, fee, and transfer
The general record rules in § 4-38-203(a)(5) and § 4-38-206(a)(2), (4)–(5), (c), (e) require the applicant or an authorized agent to sign, permit electronic delivery when the Secretary accepts it, require the signer's name and capacity, and allow an agency form without generally making its use mandatory. Ark. Code § 4-38-1104(a)(3)–(4) sets $25 for a paper reservation application or transfer notice; § 4-38-1104(d)(3)–(4) sets $18.50 plus $4 processing for each electronic filing. The Secretary of State's current LLC fee table lists RN-06 and TRN-06 with those totals. Section 4-38-113(b) requires a signed transfer notice stating the new holder's name and address.
What trips people up
Section 4-38-113(a) gives a 120-day exclusive-use period but no precise start-date formula. The current RN-06 application says “with 1 renewal in 120 days”; § 4-38-113 itself supplies no renewal application, window, or repeat limit. Check the Secretary of State's recorded expiration and instructions before relying on a renewal. Foreign LLC name registration under § 4-38-114(a), (c)–(d) is a separate one-year filing with its own renewal rule; it is not the 120-day reservation. The reservation section also states no cancellation or withdrawal procedure.
Common questions
Must an LLC already exist to request a reservation?
No. Section 4-38-113(a) opens the request to “a person.” Formation later requires a separate certificate of organization and a member or manager when it becomes effective under § 4-38-201(a), (d).
Does transferring the reservation begin a fresh 120 days?
Section 4-38-113(b) transfers the existing reservation; it does not say that the period restarts. The Secretary's form says a transfer is effective for the duration of the reservation.
Statutes and sources
Arkansas's enrolled 2021 Act 1041 supplies §§ 4-38-113–114, 4-38-201, 4-38-203, 4-38-206, and 4-38-1104. 2023 Act 256 supplies the amended § 4-38-112 name rules. The Secretary of State's LLC fees page and RN-06 application were also accessed September 23, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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