How To Start an LLC in California

What is a limited liability company (LLC)?

Limited liability companies (LLC) can be described as a type of business arrangement in the U.S. that protects its owners from personal liability for the company’s debts and liabilities. The limited liability company is a hybrid companies that blend the features of a corporation and the characteristics of a partnership or sole proprietorship.

Although the feature of limited liability is similar to the one of an LLC, the possibility of tax relief through flow-through for participants who are members of an LLC is a characteristic of a partnership and not an LLC.

1. Name Your LLC in California

When you are deciding on the name of your California LLC, you have plenty of choices. However, you have to satisfy a handful of California’s legal rules. The name of your LLC must be:

• Include the word “identifier” in your business name “identifier.” The “identifier” simply signifies that your business’s name should include the name of your entity. If you are an LLC you are able to select the variant in the form of “limited Liability Company” is best for your personal style: “LLC,” “L.L.C.,” “Limited Liability Company,”” “Ltd. Co,” etc.

• Beware of any misleading words. California will not allow words in the name of your LLC which suggest that your business is a public institution or bank, insurer or foundation for charitable purposes. This means that you shouldn’t make use of words such as “bank,” “insurer,” or “municipal.”

• Be unique. If you find that someone else has the business name you’d like to use then you’ll have to select the name of your business in a completely new way. There’s no way to get around this issue by changing the punctuation or adding “the” to the start of your business name. California has a ban on the use of a name for a business that’s “deceptively identical” to another name that is registered by the California Secretary of State. California Secretary of State.

2. Find a California Registered Agent

California LLCs must select an authorized agent (called”an “agent in service of procedure” for California) to receive legitimate mail for the company. You’ll need the information of your registered agent in order before you fill out the paperwork required to form your LLC.

The California licensed agent is required to:

• You must have a physical address for your street.
• Maintain your office open at all times
• You agree that you will accept (and send!) legal mail on behalf of you

If you satisfy these conditions, you may be an individual registered agent. However, there is one disadvantage: your address will be in the public records for the entire world to view (including aggressive marketing).

Why do I need a California Registered Agent?

California law requires that you select a California registered agent. Also, it is the California Secretary of State will not accept your documents for formation unless you’ve got one.

Why? Because, if you are served legal papers (like a summons or a lawsuit) it is required that someone be present during normal working hours. A lot of business owners work a majority of their working hours in a non-traditional office, which makes it hard to receive the service of legal documents. If you choose to hire us, we’ll take the legal documents on your behalf and then scan them into your online secure account the next day.

3. File Articles of Organizations in California

When you’ve got your LLC name and California registration agent details in order and you’re ready, you’ll be able to proceed to the next step of the filing of Articles of Organization with the California Secretary of State.

The paperwork is the official registration of your LLC in California with the Secretary of State. This is the process that creates your company as an independent legal entity. In California, you can file the Articles of Organization online, via mail as well as in person.

Tips for Filling out the California Articles of Organization

The California Articles of Organization seem simple enough, however, there are some sections that can make people stumble up. If you do make a mistake or make a mistake, it is likely that the California Secretary of State could deny your application (and delay it by several weeks). Here are our suggestions to make sure you do it correctly the first time.

To complete an application for Articles of Organization You’ll have to fill out the following information:

• Your LLC name for the business. If you’ve followed the guidelines in the first part of the guide you’ll be prepared with a unique (and legally in compliance) business name to fill in.

• Your LLC address for business. Be careful not to make a rookie error when you list an address with a PO box. Your business address should be a street address within the State of California. Remember that the address you enter in this section will be published online. The address you use for your business doesn’t have to be the place where you work, however. We’ll give you a California address for your business to use at no additional cost.

• An address for mailing. It’s not required however if you wish to include an address for mailing you are able to. It’s acceptable to add the PO box here.

• Your Agent to provide Service of Process. If you’re not sure what you should put in there, refer to step 2 in our step-by-step guide. It is necessary to include your California agent’s details in this section, which includes the street address of the agent. Again, no PO boxes are allowed. Yes, this address will be in the record of public records.

• The management structure of your LLC. This is a simple box to check but it’s vital. It lets you know if your LLC in California will be run through “one administrator,” “more than one manager,” or “all limited liability members.” Members are the owners of an LLC Managers are elected by members to take operational decisions for the LLC.

• Signed by an organizer. Do not let the word “organizer” make you confused. The organizer is the person who is taking this application on behalf of the LLC. Employ us, and we’ll complete this form.

4. Apply for an EIN.

An Employer Identification Number (EIN) will be the ID number that the IRS uses to determine the identity of your LLC for tax purposes. The majority of businesses are not required to have an EIN (some owners of businesses simply utilize their social security number) But obtaining one is straightforward and can aid in separating you from your company. It can be useful to pay taxes as well as set up a company bank account or apply locally for permits or licenses.

5. Create an account with a Business Bank Account

It’s not exactly legally required and we don’t think we’re able to suggest enough. If you are a member of An LLC in California You should set up an individual bank account to serve your business. If you allow your company’s money to mix with your personal finances it is eroding the legal separation between yourself with your company. This could impact the status of your limited liability. It may not appear to be something to worry about right now, but if you ever have to defend yourself against a lawsuit in the future, a judge could declare you personally liable for the debts incurred by your company.

How do I open a California business bank account?

In order to open a bank for a business account, you’ll probably be required to present to the bank the California Articles of Organization, your LLC Operating Agreement with your EIN.

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Your LLC in California is book. Now, what do you do?

The nature of your company, there may still depend on your industry, there may be California requirements that you must keep in mind.

Employers of businesses will have to obtain payroll tax numbers from California Employment Development Department. California Employment Development Department.
Businesses that sell “tangible personal properties” must register for a Seller’s Permit through the California Department of Tax and Fee Administration.

Every business in California must be liable for the California Franchise Tax (a minimum of $800).

When your state’s requirements are completed, you are able to begin to research your city’s or county’s requirements. In particular, some cities in California require companies to get a Business Tax Certificate to pay municipal business taxes. You’ll have to contact the local city government to determine the local requirements.

Overwhelmed?

Get in touch with Company Incorp! Our business experts here in CA  help you to form LLCs in California, we’d love to help you.

Articles of Organization, Business, California, LLC, Organization