Business Formation Archives - Page 2 of 5

05Feb 2020 by bhandlaw

My Business Name Changed. How Do I Notify The IRS?

Business Formation, Entity Formation, Start-Up, Trademark

While rare, it is not totally uncommon for our startup and even more established business clients to change their name. When this occurs, how does your business notify the IRS of a change in its business name? Ben here: Thank you for viewing one of our more popular posts but understand that it is only for general informational purposes. To be totally clear, I am not a tax attorney or CPA, and this is NOT tax advice. Our Phoenix law firm focuses on startup businesses, e-commerce, and software and technology transactions. You should always consult with your CPA or qualified tax advisor with regard to any matters of taxation, tax planning, and tax liability as they apply to your specific situation. Why would a company change its name? Recently, a…

09Jan 2020 by bhandlaw

Do I Need to Register My Out-of-State Corporation in Arizona?

Business Formation, Corporations, Entity Formation, Foreign Corporation

If you're an Arizona startup that is actually incorporated in another state (e.g., Delaware), chances are by now you've heard that you may have to register to do business here in the State, even though you are already incorporated in a different state. In this post, we examine whether and when you must register your out-of-state corporation in Arizona. Operating in Arizona but incorporated elsewhere? This question is far more common than it might seem in our Phoenix startup law practice. For example, earlier this month I met with representatives of a middleware outfit that had originally formed as a corporation in a state back East. However, their U.S., Canada, and Mexico operations had just recently relocated to the metro Phoenix area. During our meeting, I asked if they had…

31Jul 2019 by bhandlaw

How to Get an Arizona Business License

Business Formation, Corporations, Licensing

There are occasions when I'll get a call from a new (or aspiring) business owner who calls or e-mails me saying, "I need to get an Arizona business license". This statement is normally followed up by some variation of, "Can your firm help us with this?" These questions are based largely on a number of (understandable, yet incorrect) assumptions: First, that their business even requires a license to begin with; second, that such a license is given out by some central licensing authority here in Arizona, and, lastly, that there is a one-size-fits-all business license for every type of business out there. While one or more of these assumptions might be true in other 49 States, this is not the case here in Arizona. Generally speaking, Arizona handles business licensing…

29May 2019 by bhandlaw

My Foreign Company’s Name Conflicts with An Existing Arizona One. Now What?

Business Formation, Corporations, Entity Formation, Foreign LLC, Limited Liability Company

Our law firm's startup clients are often formed as a limited liability company (LLC) (or for-profit corporation) in another state but have either relocated to, or now conduct their operations in, Arizona. In an earlier post, I discussed the requirement of registering your foreign entity with the Arizona Corporation Commission if you were initially formed in another jurisdiction but are nonetheless deemed to be "transacting business" here in Arizona. However, there are times when the name of your foreign-chartered entity also happens to be the same as an existing trade name or entity already registered here in Arizona. Adoption of A Fictitious Name In this situation, as part of your application you will have to have your foreign entity adopt a fictitious name (also known as a "d/b/a" or "assumed"…

15May 2019 by bhandlaw

Is Your LLC Ready for the New Arizona LLC Act?

Business Formation, Entity Formation, Limited Liability Company

On September 1, 2020, Arizona's adoption of the Uniform Revised Limited Liability Company Act takes full effect in the form of the "Arizona Limited Liability Company Act" (ALLCA), which was signed into law by Governor Ducey last year. The Arizona Limited Liability Company Act ALLCA repeals Arizona's previous Limited Liability Company Act (in place since 1992) and introduces a number of default provisions that, if you and your fellow LLC members do not have a written operating agreement in place, could alter the way your LLC is managed and operates. There are two important dates current and potential LLC members should keep in mind for ALLCA: As of September 1, 2019, all LLCs formed in Arizona on or after that date must be compliant with ALLCA.As of September 1, 2020,…