Q: Looking for guidance on whether or not filing as a foreign corporation is needed in this case?
An independent contractor has a corporation in Florida. He is the only employee under his own corporation. He is planning on managing several cell phone stores for someone else in Arkansas. He is paid via contractor check at the end of the year. Will he need to file for the Arkansas Certificate of Authority, or does he fall under any of the items that do not constitute him to under ACA4-27-1501?
A: I am not an attorney in Arkansas, however, after looking at the statute, I do not believe he would fall under any of the exceptions in the law. The reason I say this is he would meet an exception if he were paying an independent contractor to do the work for him in Arkansas. However, if he is doing the work himself and he is an officer of the corporation, he cannot consider himself to be an independent contractor.
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