Understanding Alaska LLC Laws
The rules for starting and running an Alaska limited liability company (LLC) are laid out by Alaska's LLC laws.
In this guide, we offer simple explanations to Alaska LLC laws about:
- LLC Formation Requirements
- Registered Agent Duties and Appointment
- Operating Agreements
- Biennial Report Requirements
To learn more about starting an LLC, visit our form an LLC guide.
LLC Formation Requirements
Alaska LLC laws set out the requirements for forming an LLC. The State of Alaska has created the online Articles of Organization form and PDF Articles of Organization form to simplify the process.
Alaska LLC Formation Statute
The following LLC Formation statutes are from the Alaska Revised Limited Liability Company Act:
Section. 10.50.075. CONTENTS OF ARTICLES OF ORGANIZATION.
The articles of organization must state:
(1) the name of the limited liability company;
(2) the mailing address of the company's registered office and the name
and business, residence, or mailing address of the company's registered agent;
(3) if an election has been made that the existence of the company will
continue until a certain date or event, a statement of the election and the date or event;
(4) if applicable, that the company will be managed by the persons
named as managers in the articles; and
(5) another provision that is consistent with this chapter and the laws
of this state and that the persons organizing the company elect to state in the articles of organization for the regulation of the internal affairs of the company.
Start forming your LLC by reading our formation services review.
What This Means: Key Takeaways*
The Alaska LLC statute provides the requirements for setting up (or forming) an LLC. The State of Alaska offers online and hard copy LLC filing to meet these requirements.
Required Information for Alaska LLC Formation:
- LLC’s name (Must meet Alaska LLC naming requirements)
- LLC principal office’s street and mailing address
- Registered agent’s name and Alaska registered office street address
- If known, provide the dissolution date (end date of the LLC)
- If the LLC will be managed by manager(s), indicate this and name the managers
Optional Information for Alaska LLC Formation:
- LLC organizers can add their own provisions as long as the provisions don’t conflict with LLC statute.
Recommended: For help with completing the LLC formation forms, visit our Alaska LLC Articles of Organization guide.
Registered Agent Duties and Appointment
Alaska LLC laws define the duties and appointment of the LLC registered agent.
Alaska LLC Registered Agent Statute
The following registered agent statutes are from the Alaska Revised Limited Liability Company Act:
Section 10.50.055 Registered office and registered agent.
A limited liability company shall continuously maintain in this state a registered agent and a registered office. The registered office may be the same as the office of the company. The registered agent may be either an individual resident of this state whose business office is the same as the registered office, or a domestic or foreign corporation authorized to transact business in this state whose business office is the same as the registered office.
What This Means: Key Takeaways*
A registered agent’s job is to accept service of process (legal summons to a lawsuit).
An Alaska registered agent must:
- Maintain a registered office in Alaska (i.e., no P.O. boxes)
- Be an individual, an Alaska corporation or LLC, or foreign corporation or LLC with a business address that is the same as the registered office address
Operating Agreements
Alaska LLC laws provide guidelines for creating and maintaining an LLC operating agreement.
The following operating agreement statutes are from the Alaska Revised Limited Liability Company Act:
Section 10.50.095 Operating agreement.
The members of a limited liability company may adopt an operating agreement for the company and may amend and repeal the agreement. The articles of organization may restrict or eliminate the power of the members to adopt, amend, or repeal an operating agreement.
What This Means: Key Takeaways*
An LLC operating agreement allows LLC members to create rules for how their unique LLC operates. These rules are often called “terms” or “provisions.”
Operating agreements are limited by state statute. For example, if the statute says LLC members can’t dissolve an LLC without all members agreeing, LLC members can’t change or override the statute with an operating agreement.
When an operating agreement is in place, it’s easier to navigate situations involving the operation of the LLC. And, if a lawsuit or dispute arises, LLC members (or the courts) have something to reference.
If a dispute arises that can’t be resolved by LLC members and there isn’t an operating agreement, the courts will use LLC statute to resolve disputes.
Creating an Operating Agreement
Some LLCs, such as professional LLCs or real estate LLCs, might need unique terms, while others might only need to cover standard provisions:
- Each member’s responsibilities
- How new members will be admitted
- How existing members may transfer or terminate their membership
- How profits and dividends will be distributed
- The process for amending the operating agreement
Use our free operating agreement template or learn more with our What Is an Operating Agreement guide.
Biennial Report Requirements
Alaska LLC laws set out the requirements for biennial LLC reporting. The State of Alaska has created a biennial report online portal to simplify the process.
Alaska LLC biennial report Statute
The following biennial report statutes are from the Alaska Revised Limited Liability Company Act:
Section 10.50.755 Contents of biennial report.
A biennial report must set out
(1) the name of the company and the state or country where it is organized;
(2) the address of the registered office of the company in this state, and the name of its registered agent in this state at that address, and, in the case of a foreign limited liability company, the address of its principal office in the state or country where it is organized;
(3) the names and addresses of the managers of the company, or, if the company is not managed by a manager, the names and addresses of the members of the company;
(4) the name and address of each person owning at least a five percent interest in the company and the percentage of interest owned by that person in the company.
Section 10.50.760 Filing of biennial report.
(a) A biennial report required by AS 10.50.750 shall be filed with the department and is due before January 2 of the filing year. A limited liability company filing articles of organization and a foreign limited liability company registering during an even-numbered year shall file the biennial report each even-numbered year. A limited liability company filing articles of organization and a foreign limited liability company registering during an odd-numbered year shall file the biennial report each odd-numbered year. The biennial report is delinquent if not filed before February 1 of each odd- or even-numbered year as provided in this section.
(b) Proof to the satisfaction of the department that on or before February 1 the report was deposited in the United States mail in a sealed envelope, properly addressed with postage prepaid, is compliance with (a) of this section.
(c) The department shall file the report if it conforms to the requirements of this chapter. If the department finds that the report does not conform to the requirements of this chapter, the report shall promptly be returned to the company for necessary corrections.
(d) Upon receipt of a form from the department, a limited liability company shall file a biennial report within six months after original organization.
What This Means: Key Takeaways*
You can file your Alaska biennial report online.
Your Alaska LLC biennial report must state the following information (and must be current as of the date of filing):
- The name of the LLC
- The state or country where it was organized
- The registered agent’s name and street address
- The name, title, and address of the members and managers
- The name and address of anyone owning 5% or more of the company
Biennial Report Due Dates:
- Biennial reports are due by January 1 of the filing year. If the LLC was made effective in an even-numbered year, then the report is due each even-numbered year. The report is delinquent if not filed by February 1.
*This information is provided for educational and entertainment purposes only. Please consult a lawyer for legal advice.