File a Limited Liability Company (LLC) in California - Submitted the Same Day

We make it easy to form an LLC

Packages start at $70 (plus state fees)

You can form an LLC through our online ordering system. Or, if you have completed documents, you may upload them on our order page. Please read our "How to Start an LLC in California Guidelines" prior to filing. Form an LLC fast and securely - hand delivered to the state. Trust our experience to file your LLC. Since 1999.

24 Hour Rush Service Available

Step 1: Choose LLC Name

Choose three names in order of preference and we will check which name is available.

Step 2: Prepare or Upload your Articles

Our online form will walk you through all required information.

Step 3: Specify Service Level and Service Options

Select the appropriate filing package or choose from the a la carte options.

Routine: 2 - 3 Weeks

Rush: 24 Hours

Our Rush Service can have your LLC filed and emailed to you the next day. Please note, if your filing is rejected, the state will not refund the rush fee. Documents must be received by 3 p.m. PST on the day of the filing.

Your filing is now on its way! The date the LLC is submitted will become the file date of the new entity. When the state has approved your filing, they will issue a state entity number and one uncertified copy. If you need a certified copy, please add it to your order. We will immediately fax or email the filed document to you and return the copy via regular mail.

Your Post-Filing Responsibilities

File a Statement of Information: After the Articles of Organization are filed, the Secretary of State requires that you file a Statement of Information within 90 days (and every other year thereafter). If you fail to file the Statement of Information, the Secretary of State will assess a $250.00 late fee penalty. When we send you the copy of the Articles of Organization, we will include a statement of information form. If you would like us to file it for you, please add it to your order.

Employer Identification Number (E.I.N.): Upon successful filing of your new LLC, we can obtain the EIN usually within 48 hours.

California LLC Kit: Our LLC Kits include a custom binder, 20 customized membership certificates, printed minutes, operating agreement, LLC seal embosser, and FedEx 2nd Day shipping. You can order the LLC Kit at the time of filing, or if you prefer, you can place the order individually at our Corporate/LLC Kit order page.

The SunDoc Filings California Advantage

We visit the Secretary of State three times daily
All filings received by 3 p.m. PST are submitted same day
No expedite fees for same day submission
Most filing companies mail in your filings

How to Start an LLC in California - Guidelines

Limited Liability Company Name

The name of a Limited Liability Company must end with the words “limited liability company” or the abbreviation “LLC” or “L.L.C." The words “limited'' and “company” may be abbreviated to “Ltd.” and “Co.,” respectively. An available name may be reserved for a 60-day period.

Organizers / Members

The limited liability company can be formed by any one (1) or more persons. The person or persons who execute and file the articles of organization may, but need not, be members of the limited liability company. The limited liability company must have one or more members.

Duration of LLC

The period of duration of a limited liability company may be perpetual.

Purpose Clause

A limited liability company may engage in any lawful business activity, except the banking business, the business of issuing policies of insurance and assuming insurance risks, or the trust company business.

Record Keeping Requirements

The limited liability company must maintain an office, which may be but need not be a place of its business in California or its registered office, where its records will be kept. We cannot provide this service.

Registered Agent - Agent for Service of Process

The limited liability company must maintain an agent for service of process in California. If an individual is designated as agent, include the agent’s business or residential street address in California (a P.O. Box address is not acceptable). If another corporation is designated as agent, do not include the address of the designated corporation.

Note: Before another corporation may be designated as agent, that corporation must have previously filed with the Secretary of State a certificate pursuant to California

Corporations Code section 1505. A corporation cannot act as its own agent and no domestic or foreign corporation may file pursuant to Section 1505 unless the Corporation is currently authorized to engage in business in California and is in good standing in the records of the California Secretary of State.

Operating Agreement

The members of a limited liability company should adopt and maintain a separate operating agreement. The agreement may contain any provisions regarding the affairs and conduct of the business of the company to the extent such provisions are not inconsistent with the laws of California or the Articles of Organization.

Filing Procedures

Submit to the Secretary of State one (1) executed original of the Articles of Organization. Within 90 days after the filing of the Articles of Organization, the company must file a Statement of Information.

California Franchise Tax Board

Pursuant to California Revenue and Taxation Code section 17941, every Limited Liability Company (LLC) that is doing business in California or that has Articles of Organization accepted or a Certificate of Registration issued by the Secretary of State’s office (pursuant to California Corporations Code section 17050 or 17451) AND is not taxed as a corporation, is subject to the annual LLC minimum tax of $800. The tax is paid to the California FRANCHISE TAX BOARD; is due for the taxable year of organization/registration and must be paid for each taxable year, or part there of, until a Certificate of Cancellation of Registration or Certificate of Cancellation of Articles of Organization (pursuant to Corporations Code section 17356 or 17455) is filed with the Secretary of State’s office. For further information regarding the payment of this tax, please contact the FRANCHISE TAX BOARD at 800-852-5711.

California LLC Frequently Asked Questions

What is the benefit of using SunDoc Filings in California?

We visit the California Secretary of State three times a day and submit all filings received by 3 p.m. PST. Our frequent visits to the state allow us to offer a 24 Hour Rush Service in California. The following guidelines are especially helpful if you are preparing your own California Articles of Organization (LLC-1).

Questions about LLC Formation Guidelines?

How many members and managers are required in California?

At least one member is required in California.

What is a Registered Agent?

A Registered Agent is an individual or business designated to receive service of process (SOP) in the event an entity is party to a lawsuit. For example, if your LLC is ever involved in a lawsuit, the plaintiff’s attorney and or the court will serve your LLC via a process server to inform you of the suit. State filing agencies require that an entity designate a Registered Agent to receive the legal document from the process server. The Registered Agent must maintain a physical address (no P.O. Boxes or PMB’s) in the states of the entities they represent. The Registered Agent is also required to be available at the physical address Monday through Friday during normal business hours to accept service of process. The name and address of the Registered Agent is a matter of public record.

Can SunDoc Filings help me obtain a Registered Agent?

Yes we can. SunDoc Filings helps companies fufill the Registered Agent requirement for a small annual fee. SunDoc Filings will appoint a Registered Agent to act on your company’s behalf and forward all service of process to you immediately. We provide this service in all 50 states and the District of Columbia.

What are operating agreements and how do I obtain or prepare them?

An entity's bylaws are the company's rules and regulations. For a Limited Liability Company, they are called an operating agreement. Sample bylaws are provided when you order a corporate or LLC kit. Companies do not file the bylaws or operating agreements with the Secretary of State. Instead, bylaws or operating agreements are kept with internal company records.

Questions about Formation?

How do I form an LLC in California?

To form an LLC, a prospective company must prepare and file Articles of Organization with the state authorities. You must also pay filing fees and any applicable initial franchise taxes or other fees. The information required for Filing Articles of Organization varies by state and type of business. If you want to form your LLC through SunDoc Filings, just complete our order form online and we will prepare and file your Articles of Organization.

Do I need an attorney to form an LLC in California?

No. You can prepare and file the Articles of Organization yourself, but you should understand the requirements of your intended home state. If you are unsure if becoming a business entity will benefit your business, or what business type you should form, you should consult an attorney or accountant.

In what state is it best for me to form an LLC?

Your home state is not always the best choice. Some states offer better tax benefits than others, but keep in mind that legal matters must be settled in your state of formation. Once again, if you are not sure, contact an attorney or CPA for advice.

What are the advantages of forming a Limited Liability Company?

See our business entity comparison table.

Should I form an LLC or a Corporation in California?

Corporations and LLCs are both excellent choices for business owners looking to minimize their personal liability and build credibility. Each entity offers distinctly different tax and business advantages and choosing the right one should be determined by your specific business needs. Your industry may also dictate the type of entity that can be formed. Contact a CPA or attorney for professional advice.

Corporations offer personal liability protection, tax savings and increased opportunities for raising capital. Corporations are required to perform certain duties such as holding annual meetings and keeping detailed corporate records (minutes). Limited Liability Companies (LLCs) offer the same personal liability protection as corporations, but with fewer requirements. LLCs also offer great tax flexibility. Members can choose to be taxed as either a traditional corporation or as a "pass-through" entity.

Do I need to file a DBA (assumed name) in California?

Depending on your type of business entity, it may be required or recommended to file a DBA. A DBA (Doing Business As) or assumed name is the legal term for registering your business name. In some jurisdictions it is called a fictitious owner affidavit or fictitious business name. Its purpose is to prevent confusion and fraud in the marketplace. Because real names and addresses are required on the application, creditors and other interested parties can connect a business name to the actual owner of the business by looking up its DBA. Filing a DBA protects the public from fraudulent use of a name by preventing someone from hiding behind a business name. It also protects the registered business from others who might try to impersonate them by doing business under that name. A sole proprietorship is not always required to file for a DBA since an owner can operate under their actual name. However, this may cause difficulties when taxes are calculated because it can be hard to tell when a purchase was for the business and when it was for personal use. For accounting reasons, filing a DBA is recommended. Having a legal DBA name on file also means bank accounts and credit can be opened in that name. Simple partnerships have the same requirements as sole proprietorships and a DBA is not required if the business operates under the partners’ true names. A limited partnership does have to file for a DBA at the Secretary of State’s Office as part of the paperwork necessary to create a limited partnership. Other business structures – C Corp, S Corp, LLC – have name registration built into the formal process of the entity creation. The formal name in these cases will include Inc. or LLC or Corp. as part of the name to identify the type of business to the public. The local government authority (usually at the county level) will accept and register a DBA name. Although the requirements vary by jurisdiction, in general the owner or authorized representative personally fills out a form at the county treasurer's office. Other county departments that accept DBA applications are the County Register of Deeds or the Secretary of State.

Helpful Links for California

Franchise Tax Board - for information regarding franchise tax requirements.

State Board of Equalization - for information regarding sales tax and/or use tax liability.

Department of Corporations - for information regarding issuance and sale of securities in California, Franchise Investment Law, Personal Property Brokers Law and Escrow Law requirements.

Department of Consumer Affairs - for information regarding licensing requirements.

Employment Development Department - for information regarding disability unemployment insurance tax.

California Small Business Assistance Center

http://www.taxes.ca.gov/Small_Business_Assistance_Center/index.shtml

Department of Industrial Relations, Division of Workers' Compensation - for information regarding workers compensation requirements.

The county agency where the principal place of business is located - for information relating to city/county business licenses,fictitious business names (if doing business under a name other than the corporate name), zoning, building permits, etc., dependent on business entity activities. To determine the applicable county agency, please refer to the list of California counties provided on the California State Association of Counties website.

Internal Revenue Service (IRS) - for information regarding federal employer identification numbers.

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