When you meet someone new, what’s the first thing you want to know about them? Their name. Your name is unique—it’s how people remember you.
The same goes for your Arkansas business: choosing your name is the most important step of forming your company. Unfortunately, it’s not as simple as just picking the name you like best from a list. That works for babies, but not businesses. Arkansas has several requirements that you’ll need to follow as you pick a name.
After brainstorming a business name either on your own or through a business naming tool, you’ll want to make sure it is available in your state. That’s where this guide comes in. We’ll walk you through how to use the tool, and we’ll dig into a few ways you can make your name a complete success. Let’s get started.
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How to Use the Arkansas Business Name Search Tool
You’ve picked a name. You’re pretty sure it’s the one. But before you seal the deal, you’ll need to ensure that it’s available for you to use. To do so, you’ll need to use the Arkansas search tool. It’s easy to find: the Corporation Entity Search.
But we’ll be honest. The tool isn’t exactly the most intuitive. You might be thinking, What’s next? If you don’t know what to do, this name search can be downright overwhelming. But with a few simple pointers, it can be a cinch.
1) Type in the name you’re hoping to use
Technically, the entire legal name of your business will include an entity type identifier. But for purposes of this search, you’ll want to exclude it. So if your legal entity name would be Carla’s Cupcakes, LLC, then you’d want to type in just Carla’s Cupcakes.
2) Make sure the tool’s settings are correct
To get the most value out of your search, you’ll want to put the right settings on the Corporation Entity Search tool. For instance, you’ll want to keep the “Corporation Type” dropdown set at “All Types.” Then you’ll only use the “Name” section, and the “Fictitious Name” spot. That way, the tool will check through all the records on file, including all entity types and registered Fictitious Names. After that, you can hit “Search.”
3) Examine the search results
Now it’s time to look through the results. Do any exact matches appear? What about similar ones?
In Arkansas, your name must be “distinguishable on the record.” In layman’s terms, that means that your name cannot be the exact same as the name of another entity. It can’t be too similar to another entity’s name, either. But Arkansas isn’t incredibly specific about what makes a name “too similar.” Here’s what the state has to say about similar names, as discussed in Doing Business in Arkansas:
“If a proposed name begins with the same word or phrase as an existing name, the Arkansas Secretary of State will look for additional wording, which in some way significantly distinguishes the proposed name, such as a description of business purpose or activity.”
Ultimately, the Secretary of State will make the call on whether or not your name is too similar. Technically, the tool makes it a little difficult to check for similar names; it just checks for matches—if you search your entire proposed name.
That’s why we also recommend conducting a second search, this time using a keyword from your name. For example, going back to our “Carla’s Cupcakes” example, you’d search “cupcakes.” Then, the search tool will pull up every business name containing “cupcakes.” That would give you the chance to see how well the name stands out from other Arkansas businesses. It’s not a legal requirement to do this second search, but we recommend it.
Next Steps for Your Arkansas Business Name
The steps we’ve listed above are just the legal requirements for an Arkansas LLC name. But this is your business name we’re talking about. You don’t want to just “get by.” You want to go the extra mile and make sure your name is as great as your business concept. You want to protect it, too.
Let’s talk about what you can do to protect (and thrive with) the name you’ve chosen.
1) Double-check that your name meets state requirements
Arkansas has a helpful enough search tool, but it will only tell you if your name is available to begin with. It won’t, however, tell you if your name complies with state laws for your entity type. Thankfully, Arkansas is pretty lenient with its requirements.
The only real rules are that your name must be “distinguishable on the record” (see above) and your name must include an abbreviation or wording that demonstrates what type of entity you’re running. For example, “Carla’s Cupcakes” would need to be named “Carla’s Cupcakes LLC” or Carla’s Cupcakes Limited Liability Company.” It would be “Carla’s Cupcakes Co.” for a corporation. (Earlier we told you to exclude the entity type identifier from your search; but it will still be part of your legal name when it’s all said and done).
2) Make sure that your name stands out
The search tool will help you ensure that your name is available in Arkansas. It won’t tell you if there are similar names, though. It also won’t search names in other states. The search tool simply isn’t designed to do that.
We recommend that you also browse through local phone books and do a Google search with your name. Internet search engines pull up results that are close matches to the terms you enter. That includes similar names and businesses in other states. For example, going back to our “Carla’s Cupcakes” example, Google pulls up a hit for a cupcake shop in Virginia.
If that happened to you, it wouldn’t be a make-or-break issue right away. After all, you’re just focused on Arkansas results right now. That said, if you ever wanted to expand into other states later on, then you might encounter problems. Plus, having a truly unique name is a great selling point.
3) Make sure you like the name you’ve chosen
This might seem like an obvious one, but you don’t want to overlook it. You should like your business’s name. You should be proud to say it out loud, glad to write it down, excited when you hear someone say it…you get the idea.
Yes, you’re eager to start your business. But don’t get so excited that you settle on a lackluster name that makes you think, “meh.” If you don’t like the name, odds are your customers won’t, either.
A lot of guides will tell you to make sure your name is easy to say, easy to spell, memorable, and gives your customers a clear picture of what they can expect from your business. And those are all true tidbits of advice. Follow them. But at the end of the day, we think it’s important to pick a name that you like.
4) Protect your chosen name
By now, you’ve put in a lot of work to craft the perfect name for your business. Let’s make sure that work doesn’t go to waste. Arkansas gives you two methods to protect your name, and you can pick one or the other—not both.
For starters, you could file an Application for Reservation of Limited Liability Company Name. This form can be filed by mail or online, but online will cost you just $22.50 (paper filings cost $2.50 more). But no matter how you opt to file, a name reservation gives you 120 days of exclusive rights to your name without actually commencing your business. This is the perfect option if you’ve come up with an ideal name but you’re not quite ready to form your business yet.
But if you are all set to form your business, then you should go ahead and file your Articles of Organization. This one has a $45-$50 filing fee, but it actually creates your business. And once your business is created, your name is protected, too.
5) Get a DBA or Fictitious Name (Optional)
The most important name for your business is your legal name; it’s the name you’ll fill in on your Articles of Organization. But many businesses choose to have a second name, often called a DBA or fictitious name. For instance, you might want to offer a second product line without renaming your entire business, or you just found a new nickname you like.
Technically, registering a fictitious name does not give you exclusive rights to that name; only corporate names are protected in Arkansas. But if you’re going to do business under a second name, you’ll need to file an Application for Fictitious Name. There’s a $15-$25 filing fee (varies based on entity type). You also have to declare your name in a local newspaper. Thankfully, once you complete the initial registration, your trade name lasts indefinitely.
Want more info? Get the full scoop on registering a fictitious name here.
Next Steps – Getting Started
We’ve gone into a lot of detail about searching for an Arkansas business name in this guide, but here’s the deal: choosing an LLC name is just one step in the much bigger process of starting a business.
If you’re feeling a bit overwhelmed by all that goes into it, don’t panic. We’re here to help. You can catch the full guide to set up an Arkansas LLC, but here’s the fly-by version:
Choose a business name
Every business in Arkansas needs a name that’s both catchy and gives potential clients a good idea what the business does. The name also needs to be unique—both for legal reasons and so your business stands out from the competition.
Appoint your registered agent
Whether you elect to use a private Arkansas registered agent, serve as your own, or you hire a service like the one we’ve listed here, you can’t skip this step. Without a registered agent, you won’t become a legitimate, registered entity.
File your formation documents
If you’re forming an LLC, you’ll need to file the Articles of Organization; corporations file the Articles of Incorporation. Both types will cost you $45-$50 depending on how you file. If you need help with this step, there are plenty of good Arkansas LLC services online.
Beyond that, there are plenty of ongoing costs and maintenance requirements. We won’t go into a ton of detail here, though. Your registered agent (or online registered agent service) will help you keep tabs.
Conclusion
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Conducting a business name search is an important part of forming your business in Arkansas. The search saves you time and helps you set up a name that makes your business stand out. We hope this guide made it simple to name your business.