arizona shelf llc

Arizona Shelf Corporations and Arizona Shelf LLC’s

Should you acquire an Arizona shelf company? Or should you acquire a shelf company from another state and then file it into Arizona? At first glance, AZ LLC’s don’t require an annual report, which is why many people assume compliance is simple. However, corporations must still file reports, and many businesses later discover they need a certificate of good standing Arizona to open bank accounts, secure financing, or register in other states.

Business Credit With an Arizona Limited Liability Company

When filing the AZ LLC, the members (owners) are disclosed. This means the public knows you own the LLC. This disclosure can help when applying for business credit because banks often request proof such as an arizona certificate of good standing to confirm the company is active and compliant.

Surprisingly, you’re often better off with an aged shelf company from another state. Arizona collects ownership information, and any ownership change may reset the company’s respected age. This can create issues when lenders request a certificate of existence Arizona or similar documentation during underwriting.

Group discussion about the project.

Arizona Asset Protection/privacy

If you need asset protection or privacy, then the Arizona LLC is not a good option at all. Arizona doesn’t offer ample asset protection. And further, the disclosure of the LLC members makes it easy for any hostile creditor to go after your interest in the Arizona LLC. Anyone considering suing you will definitely take that into consideration as low hanging fruit in collecting a court judgment. It will also be a motivating factor to sue you in the first place. Therefore, the AZ LLC is not a good choice in terms of incorporating at all. In fact, there’s no reason to incorporate in AZ, and there’s no reason to buy an aged shelf Arizona company, unless you live in AZ.

The Solution:

Acquire a New Mexico aged shelf company and file it in Arizona. Montana companies are also a strong option. Both states avoid public ownership disclosure and simplify long-term maintenance. When you later qualify the company in Arizona, you can still obtain compliance documents like a certificate of good standing arizona when required for lenders, vendors, or state registrations.

What if You’re Seeking Privacy From the Public Record?

We provide a Manager for your company for an annual fee. This allows you to control an Arizona LLC without your name appearing on the public record, while still maintaining compliance and the ability to request an arizona certificate of good standing when needed.

Filing Delays

Arizona is known for their filing delays. Their filing fee is usually $50. The expedite fee is $35 and cuts the wait time from a month to about a week.

Please consider these issues:

1. Fees:

When acquiring any shelf company, you are paying the fees that the previous owner paid, maintenance fees plus a premium. This means that a quality shelf company from ARIZONA is extraordinarily high because of the incorporation and maintenance costs.

On the contrary, a company from Wyoming or New Mexico cost less to form and maintain. Therefore, the cost of the shelf company is less.

2. Business Licenses & Reports:

Further, ARIZONA requests that the owners are disclosed on annual reports and licenses. Lacking these AZ licenses are a problem when applying for corporate credit. And since these licenses (if they would exist), don’t have your name on them, a change of ownership is evident. The states of Wyoming and Mexico don’t ask for information on the owners of the companies. Therefore, any change of ownership is not reported. Remember that a change of ownership may be reset the date of the shelf corporation or shelf LLC.

Answer: Buy a Shelf Corporation Foreign to the State of Arizona.

This is the best solution for several reasons:

  • The company costs less to acquire.
  • A change of ownership is not reflected when the shelf company is acquired.
  • Maintenance costs are lower in Wyoming and New Mexico. Maintenance costs with the ARIZONA Secretary of State are too high. This means you pay less with a shelf company from Wyoming or New Mexico.
  • When the WY or NM company files, as a foreign corporation or foreign LLC in ARIZONA, it appears that the company is expanding into that state.

Would you like a list of the available shelf companies from Wyoming and New Mexico? Please request the list here.

SOURCE: http://www.azcc.gov/divisions/corporations/faqmanual.asp#rc

Frequently Asked Questions

Corporate Filings

Annual Reports.

electronically file annual report

LLC’s are not required to file annual reports with the Arizona Corporation Commission, Corporations Division.

ANSWER: Many Profit Business, Professional, Non Profit, Corporate Sole or Co-Op’s can now e-file. Business trusts and close corporations can not electronically file their annual report at this time. Please go to the Corporation’s web site to determine if you can file your Annual Report electronically at: Annual Report Instructions or visit www.azcc.gov/divisions/corporations/electronicallyfiling.asp.

ANSWER: Yes, you may expedite your annual report by including a check for the $35.00 expedite fee per annual report when you mail it in. If you electronically file your annual report and choose the expedited fee, your report is processed in real time. To view more information click here.

If you mail in your annual report, mark “Expedite” on your envelope and the enclosed check. This identifies the process and is routed to the proper department. If you have already submitted an annual report by mail and would like to expedite, please mail the check with your file number and copy of the report to the annual reports special handling section.

ANSWER: Processing times vary even when a document is e-filed, to view our current processing times, Click here.

ANSWER: You have three options to obtain an annual report:

Option 1: FILE ELECTRONICALLY. File the annual report online.
Please go to our website quick link at http://starpas.azcc.gov. Enter the file number, indicated above, in the box under ‘Electronic Filings’ for Annual Report and click ‘GO’. On the next screen, select the box ‘E-File an Annual Report Online’. Please follow all instructions.

Option 2: PRINT & MAIL THE ANNUAL REPORT.
You can print a form or complete a fillable annual report form on our website. Please go to our website quick link at http://starpas.azcc.gov. Enter the file number, indicated above, in the box under ‘Electronic Filings’ for Annual Report and click ‘GO’. On the next screen, select the box listed ‘Forms for Annual Reports to be printed and mailed’.

Option 3: REQUEST THE ANNUAL REPORT FORM. Have the annual report MAILED OR FAXED to you.

If you need the annual report form mailed to you or if you have any problems with options 1 and 2 contact us at ARRequest@azcc.gov or call (602)-542-3285..

ANSWER: Yes. The annual report is part of the official public record, including addresses cited. You can view an electronic image of any corporation’s approved Annual Report on the web by looking up the corporation, use the following link to search for your corporation and previously filed annual reports. Click here to start a search.

NOTE: DO NOT put a social security numbers, tax identification numbers, employer identification numbers or any other personal information on any document or attachment(s) submitted to the Commission.

ANSWER: Yes, a corporation cannot change its annual report due date, its name or file number, the fee, or the number of shares authorized on the annual report. In some cases an amendment is required. Example: when changing the corporate name. Please go to our website to download the forms and instructions at FORMS.
ANSWER: NO, A.R.S §10-1622.E & 10-11622.D states the corrected reports must be “…delivered to the commission within thirty days after the effective date of the notice, [if] it is deemed to be timely filed.” Extensions are only relevant for the initial report filing, not subsequent correction notices.

For Profit/Business Corporations, penalties begin to accrue pursuant to A.R.S. 10-1622.F. If the corrections are not made with the 30 day period. You can refer to the statutes at ARS STATUTES Title 10 for additional information. If you are unsure why your annual report was returned or are unsure of how to make the requested corrections, please contact the annual report section at 602-542-3285.

ANSWER: (602) 542-3285, or FAX (602) 542-0082. You may also send an e-mail via our web site at A.R. WEB.

Avoid Common Mistakes

  • Don’t forget to send in the proper fees. Each annual report must be accompanied by the filing fee of $45.00 for Business/Profit Corporations, $10.00 for Non-Profit Corporations. Make sure the check is properly completed and signed. For tracking purposes please write your file number on your check. Please note: The Arizona Corporation Commission does not accept checks that do not have imprinted name and address of the account holder on them or checks drawn from non-U.S.banks.
  • Penalty amounts must be attached if the report is overdue and you are a for profit corporation. Penalties accrue until the report is filed/payment is made or until the corporation is administratively dissolved/revoked, which ever occurs first at a rate of $9.00 per month or fraction of the month, for Business/Profit Corporations. Penalties are dictated by law (A.R.S.10.1622.G). Corporations are responsible for their own tardiness. Nonprofit corporations are not required to pay penalties after January 1, 1999. If you are unsure of penalty amount, please call or email the annual report section.
  • The Certificate of Disclosure must be complete – One box must be checked for section 10, 11A & 11B. Additionally, an officer of the corporation must verify the information, sign and date the report. See the instruction page of the annual report (p. 4, numbers 7 and 12) for signature requirements.
  • Examine your corporation’s stated life/duration to make sure it is not in danger of expiring.
  • Make sure the Commission’s form indicates the correct corporate information for your entity. Corrections and updates to the annual report form can be made by striking out incorrect data and neatly writing in corrections. Do not use metallic address stickers or highlighters because they do not scan and reproduce properly on our imaging system.

If You Move, Tell Us:

Address changes must be made in writing on either the annual report form or Statement of Change form, CHANGE ADDRESS FORM. Address changes are not accepted over the phone or by email because the form stating the address change must be executed (signed) by a duly authorized officer. The Commission is prohibited by law from taking any instruction about the corporate address from the U.S. Postal Service. Mail from the Commission cannot be forwarded. A.R.S. §§10-501, 10-1507, 10-3501 & 10-11507 require that all Corporations maintain a current address with the Commission. Corporations with undeliverable addresses are subject to revocation/administrative dissolution by the Commission.

If Your Statutory Agent Moves, Tell Us:

Again, statutes require that all corporation Statutory Agents keep a current address with the Commission. The annual report form now has spaces for both a physical address and mailing address. You must provide a physical street address for the statutory agent, when using a Po Box for mailing purposes. Strike incorrect addresses and neatly write the correct addresses in the space directly below or to the side. If a new agent is being appointed that agent must sign accepting appointment and they must reside in the State of Arizona, out of state statutory agents are not acceptable.

Know Your Corporation’s Annual Report Due Date So That You Can Submit The Report in a Timely Manner:

All corporations must file an annual report once each year. The due date for the corporation is printed on the top, left side of the annual report form or if you get a reminder notice it is in middle of the notice. If your corporation fails to receive an annual report form in the proper time period, you can download one at the Corporation’s web site. Limited Liability Companies are not required to file an annual report.

Use The Annual Report Form Provided by The Commission.

Do Not Create Your Own Form -It’s Against The Law. – Never change the corporate name, due date, filing number or fee amount printed on the form.

Precisely Follow the Directions on Page Four of the Annual Report Form:

Use the checklist provided.

Check our division web site regularly at:

www.azcc.gov/divisions/corporations for legal updates, instructions, or forms. Additionally, the Legislature’s web site http://www.azleg.gov has the complete text of Title 10 (corporation law) and Title 29 (L.L.C. law). Their site also lists bills being considered that affect these two titles.

Business professionals discussing documents about aged shelf corporations for sale and EINs, symbolizing corporate credit building.

Records Section

Acceptable forms of payment are Cash, Check, or Money Orders. We currently accept Master Card and Visa credit cards for the following items: Electronic on line documents (annual reports, name reservations and good standings). Visa and Master card are accepted in the (Phoenix office location) for documents filed in person or replenishing a money on deposit account. Please make check or money order payable to the Arizona Corporation Commission. To avoid delay in processing documents, submit payment with your forms.

Starpas System

Arizona Corporation Commission Information Technology Division 1200 West Washington Street 1st Floor Phoenix, Arizona 85007

If you cannot access this form via the internet we can fax, mail or e-mail the form to you by contacting the IT Division at 602-364-4433 or by sending a request via e-mail to: itsupport@cc.az.gov.

Aged Shelf Corporations and LLC’s Offer No Tax Advantages. We’re Not Attorneys. We’re Not Tax Advisors.

Quickie Arizona Reference for Documents.

quick arizona reference for documents

Arizona Main State Website Corporations & LLC’s

29-1105. Law Governing Foreign Limited Liability Partnerships

Follow this seven-step process to develop a business credit portfolio and maximize your business’s ability to obtain the funding necessary for its growth and success:

A

The laws of the state or other jurisdiction under which a foreign limited liability partnership is formed or created govern relations among the partners and between the partners and the partnership, and the liability of partners for obligations or the partnership.

B

A foreign limited liability partnership may not be denied a statement of foreign qualification by reason of any difference between the laws of another jurisdiction under which the foreign limited liability partnership is formed or created and the laws of this state.

C

A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any business or exercise any power that a limited liability partnership may not engage in or exercise in this state as a limited liability partnership.

Known Place of Business Address

Corporations and limited liability companies are required to provide a known place of business address in Arizona, and that address must be a street or physical address. See A.R.S. §§ 10-202, 10-501, 10-502, 10-504, 29-604, 29-605, and 29-632. The Arizona known place of business address may be the same as the street address of the statutory agent. Id.

The Corporations Division of the Arizona Corporation Commission will not accept post office box or private mail facility addresses for the known place of business address for corporations and limited liability companies. If the known place of business address listed on any document submitted to us is not a street or physical address, the document will be rejected.

Is your Annual Report due?

Is This Information Correct? Please See Your Tax Advisor. Confirm Before You File.

Building Corporate Credit

Preparation for Building Corporate Credit

  • Lenders require full transparency. This means your name is listed on the public record.
  • Don’t use a nominee officer/contract officer if you’re applying for corporate credit.
  • Lenders prefer companies that are at least two years old.
  • File the WY company in your home state as a foreign corporation
  • Obtain a commercial address where you intend to do business
  • Obtain the phone number, using the commercial address as the billing address
  • Register the phone number with 411 information services
  • Be honest on all applications for credit
  • You’re ready! Start building corporate credit. Call 307.237.2580 for a referral.

Order Procedure

  • Choose the shelf company for acquisition
  • We send a custom order form
  • You approve the order and fax to our number, 702.920.8824
  • We process the order after receiving payment
  • The documents we have on file are sent via USPS Express Mail
  • We order a new set of documents from the Secretary of State
  • You provide an updated list of officers and the new company address
  • You apply for the EIN and the bank account.
  • You file the company in another state and update that information with us.

Filing Your Shelf Corporation or Shelf LLC in Another State

Nationwide Secretary of States, Under Construction