How to Create a General Partnership in Arizona

A general partnership is a type of business entity where two or more individuals come together to run a business. In Arizona, the steps to create a general partnership are relatively straightforward. This article provides an overview of the process, as well as a few important considerations to keep in mind.

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Step 1: Choose a Name for Your Partnership

The first step in creating a general partnership in Arizona is to choose a name for your partnership. It is important to select a unique name that is not already in use by another business entity in Arizona. You can search the Arizona Corporation Commission's website to find out if a name is available. Once you have selected a name, you should determine if you will need to register a trade name for your partnership. If your partnership will be doing business under a name that is different from the legal name of the partnership, then you will need to register a trade name with the Arizona Secretary of State.

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Step 2: Draft a Partnership Agreement

While not legally required, it is highly recommended that you create a partnership agreement before officially forming your partnership. A partnership agreement is a document that outlines tasks, responsibilities, and ownership among the partners. It can also establish how profits and losses will be divided among the partners.

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Step 3: Register Your Partnership with the Arizona Secretary of State

In Arizona, you will need to register your general partnership with the Arizona Secretary of State. This can be done online, and registering your partnership will require filling out a simple form and providing some basic information about your partnership, such as the name and address of each partner.

Step 4: Obtain Required Licenses and Permits

Depending on the type of business your partnership will be conducting, you may be required to obtain specific licenses or permits. You should research requirements for your specific industry and inquire with the appropriate licensing authorities about the licenses, permits, and certifications necessary for operating a business in Arizona.

Step 5: Register for State and Local Taxes and Obtain an EIN

Registering for applicable state and local taxes and obtaining an employer identification number (EIN) from the IRS is a crucial step in establishing your partnership. This can be done online, and an EIN can be obtained from the IRS website. You will need an EIN to hire employees, manage finances, and perform banking transactions.

Considerations

While creating a general partnership in Arizona is relatively simple, there are some important considerations to keep in mind. For example, as with any business entity, a general partnership carries the risks and responsibilities of all partners. Additionally, partners may become personally liable for the debts and actions of the partnership.

Another consideration is that partners in a general partnership share profits and losses equally, unless otherwise specified in a partnership agreement. This means that partners will bear both the benefits and risks of the partnership equally.

Finally, it's essential to work with a business attorney to ensure that all steps taken to form a partnership fully comply with Arizona law. An attorney can be particularly helpful in drafting a proper partnership agreement, navigating any complex legal requirements, and protecting your personal interests as a partner in the business.

In conclusion, creating a general partnership in Arizona involves registering your partnership with the Secretary of State, obtaining necessary licenses and permits, and obtaining an EIN from the IRS, with the support of an experienced business attorney if necessary. With attention to detail and proper preparation, your partnership can be established efficiently and effectively in Arizona.

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