Nonprofit Corporation Formation Filing in Arkansas
At a glance
| Governing act and filing office | Arkansas Nonprofit Corporation Act of 1993; file articles with Secretary of State (Ark. Code §§ 4-33-101, 4-33-201) |
|---|---|
| Incorporator and filing document | One or more persons deliver articles; articles name and address each incorporator (Ark. Code §§ 4-33-201, 4-33-202(a)(4)) |
| Name and purpose | Articles state corporate name; a purpose statement is optional and may say any lawful activity (Ark. Code § 4-33-202(a)(1), (b)(1)) |
| Member and entity-type statement | Articles choose public-benefit, mutual-benefit, or religious status; say whether corporation will have members; include lawful dissolution distribution terms (Ark. Code § 4-33-202(a)(2), (5)–(6)) |
| Initial directors and selection | Initial-director names and addresses are optional in articles (Ark. Code § 4-33-202(b)(2)) |
| Registered office and agent | Articles include general registered-agent filing information, commercial agent name or noncommercial agent name and address or office position/address (Ark. Code §§ 4-33-202(a)(3), 4-20-105(a)) |
| Signatures and agent acceptance | Each named incorporator signs; appointing an agent affirms that agent's consent (Ark. Code §§ 4-33-202(c)(1), 4-20-105(b)) |
| Filing fee | Secretary of State fee table lists $45 online or $50 paper; statutory articles filing charge is $50 (Ark. Code § 4-33-122(a)(1)) |
| When existence begins | Existence begins on filing unless articles specify a later date, at most 90 days after filing (Ark. Code §§ 4-33-203(a), 4-33-123(b)) |
Requirements one by one
Articles and incorporators
Under § 4-33-201, one or more persons deliver articles to the Secretary of State. The articles state each incorporator's name and address (§ 4-33-202(a)(4)), and each named incorporator signs (§ 4-33-202(c)(1)). This is the Arkansas Nonprofit Corporation Act of 1993 (§ 4-33-101).
Name, type, members, and directors
The articles give a corporate name and choose public-benefit, mutual-benefit, or religious status (§ 4-33-202(a)(1)–(2)). They say whether the corporation will have members and include lawful dissolution distribution provisions (§ 4-33-202(a)(5)–(6)). A purpose statement and initial-director names are optional; any-lawful-activity wording is allowed (§ 4-33-202(b)(1)–(2)).
Agent and fee
The articles include the registered-agent information in § 4-20-105(a), as required by § 4-33-202(a)(3). The appointment affirms that the agent consents to serve (§ 4-20-105(b)). The statutory articles fee is $50 (§ 4-33-122(a)(1)); the Secretary of State's current nonprofit fee table lists $45 online and $50 on paper.
When existence begins
Corporate existence starts when the articles are filed unless they specify a later effective date (§ 4-33-203(a)). A delayed date may be no more than 90 days after filing (§ 4-33-123(b)).
What trips people up
The articles need an entity-type election even though a purpose statement is optional (§ 4-33-202(a)(2), (b)(1)). The agent provision was replaced by the 2007 general registered-agent rule (§ 4-20-105(a)); the old initial-registered-office wording in the original 1993 act is superseded.
Common questions
Must the articles list initial directors?
No. Section 4-33-202(b)(2) makes their names and addresses optional in the articles.
Must there be voting members?
The articles must say whether or not the corporation will have members (§ 4-33-202(a)(5)).
Statutes and sources
Arkansas's official enrolled 1993, 2007, and 2019 acts and the Secretary of State nonprofit fee table were accessed October 1, 2026. Their official URLs and quoted provisions are recorded above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Arkansas law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Arkansas law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace