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Written by : Emmie Lefore |
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so you want to form an llc in california let me show you exactly how to do it directly with the state let's open up a new tab and go to sos.ca.gov this will take you to the california secretary of state website the next thing that we're going to do is we're going to scroll down to business and we're going to click on this little arrow this will take us to the business section of the website the next thing that we want to click on is biz file online if you want to learn more you can click on these links down here but biz file online will get you to where you want to go we have a couple categories here entities liens info trademarks we're going to stick to the business entity section and we're actually going to click on register a business however remember the screen it's important because every year you have to file a statement of information with the state so if you have an llc make sure you come back here every year and fill this out i think it's like 20 bucks if you want to reserve a name you can do that here but we're just going to go ahead and register the business so let's click on the top option ok we have all kinds of stuff on this page so which one should you choose well if you want to just reserve a name you can do that by clicking these but what we want to do is limited liability company initial filings this is the category we're looking for so now you have three options you can register it if you're an out of state llc and you need to register in california you can do that there if you want to convert your corporation into an llc you could do that here or if you want to form a new one you can do that right here the articles of organization or california llc you can see that it's going to cost us about 70 bucks to do it this is the cheapest method go ahead and click file online i'm going to create an account sign in and show you how to do the rest three hours later great you made an account and you got to this page the system just recently changed with the secretary of state this right here is the privacy warning basically telling you that everything that's contained in your application is public the refund policy intellectual property rights etc you have to agree to it to get to the next step now we're going to get to the submitter information the submitter information is whoever is actually filling out the paperwork this is not public this is just for this state to communicate with you on this specific application now we're at the professional services notice section so what this is telling you is that not all professional services can be llc's in california llcs offer so much protection that they don't want doctors and chiropractors and people that practice a licensed trade to have that much protection so in order to find out if that's you you need to go to this website right here which looks like this very useful tool i highly suggest you put in your trade to see what kind of licenses and permit requirements are required for you as a good rule of thumb if you're someone who has a high chance of getting sued for malpractice like chiropractors dentists doctors lawyers things like that definitely double check on this section we're going to hit next step and we're not going to worry about it we're going to form an llc anyway okay now we're getting to the naming part so if you've already reserved a name you can click yes and it will give you the option to select your reserved name for your account but if you haven't reserved a name for your limited liability company click on no and then we're going to type in the name here in this case we're going to do vanitar business school because i have one and then we're going to confirm the name as well uh i didn't put an llc or a valid designation at the end that's because you have to put the words llc ltd l.l dot c something like that i always stick to the default llc because it's the easiest to type it's the least amount of characters and it looks the best so once you have llc at the end of your name it will accept it and you can hit next this next part is the street address of the principal office of the llc so wherever your business headquarters are going to be you need to use that as an address you can't use po boxes but you can use your house you can also use ups mailbox as long as it's not a po box just know that whatever address you put in here it is going to be public record anybody that looks up your company on the california website will be able to see your address if you don't want to use your home address or if you want to pay somebody to use their address for you you can abandon this process here and go to inkfile.com i'll leave a link in the description below it's a website or in a service that helps you file llcs but also gives you the option of paying them 20 a month and they'll use their own address for you so you can remain anonymous whenever you get mail they scan it open it email it to you it's great that way you don't have to be tied to one address or if anonymity or having your stuff public is important to you it's a great option you can also go get a virtual address in california and use the virtual address in this section if you want to but some people still like to use their homes i'm going to fill all this out and we're going to go to the next section 3 hours later we've now reached the agent for service of process also known as a registered agent registered agents exist to accept mail on your behalf in case the government needs to reach you or send you something important they don't want to have to go track you down in cancun if you're on spring break they want to be able to get it to you directly so we every business has to have a registered agent you can be your own registered agent that's totally fine as long as you're willing to accept mail and there's someone there to take it if you don't want to be your own registered agent you can do a couple things you can hire another company and set up something with them for like 100 bucks a year and they will give you their address to use and be a registered agent you can ask your attorney to be a registered agent you can ask a parent or a friend who is always at home to be a registered agent you can be your own registered agent or once again you can bail on this process go over to inkfile.com using the link below and during the application process they will give you the option to just click a button and use them as your registered agent i think they charge about 100 a year and the first year is free lots of options choose whatever is best for you if you choose a corporate agent you'll have to choose them from the list because there's a list of approved agents if you're going to choose an individual just go ahead and put the address in right now i'm going to do this now we'll move on three hours later this part's fun this is how your llc is actually set up and who's in control you have three options you have one manager you have more than one manager or all members all members is the most common choice it's considered a member managed llc when all members of the llc have equal rights you can choose all llc mem
Thanks for your comment Rolland Vanblarcom, have a nice day.
- Emmie Lefore, Staff Member
foreign are you wondering how to start an LLC in California today you will learn the most common ways to start your business including the correct forms you'll need registering your LLC critical naming requirements and all other vital tips and tricks then as a bonus later in the video I will reveal a trustworthy registered agent who will help set up your LLC for free so make sure to stick with me until the end the state of California like other states has several specific LLC requirements there are three main ways you can start an LLC in California first is the DIY or do-it-yourself process where you mostly depend on California state's website the second way is hiring a professional service that practically offers more efficiency and Security in creating your LLC while the third is hiring an attorney we will skip the attorney hiring portion because that's expensive and most business owners won't need that service first let's take a look at the steps required for starting an LLC Step 1 choose a name for your LLC you must choose a name for your LLC that is unique it cannot be the same or too similar to an existing name in the California Secretary of State records and it cannot be misleading to the public names may be checked for availability by searching the California Secretary of State's business name database an available name may be reserved for up to 60 days by filing a name reservation request form the form must be postal mailed or hand delivered to the California Secretary of State's office under California law an llc's name must end with limited liability company or LLC or l.l.c abbreviations the words limited and Company may be abbreviated to limited and Company the llc's name may not contain the words Bank trust trustee Incorporated Inc Corporation Corp insurer insurance company or any other word suggesting that it is in the insurance business Step 2 appoint a registered agent every California LLC must have an agent for the service of process called a registered agent in other states this individual or company agrees to accept legal papers on the llc's behalf if it is sued an LLC may not serve as its own agent for the service of the process the agent should agree to accept the service of process on behalf of the limited liability company before designation individual agents must reside in California and their street address not a PO Box must be listed in the llc's Articles of organization the agent may be a member manager or officer of the LLC but doesn't need to be affiliated with the LLC step 3 file articles of organization a California LLC is created by filing articles of organization form LLC one with the California Secretary of State's office the Articles must include the llc's name its purpose information on how it will be managed its address and the name and address of its registered agent you can complete form LLC one online or mail or hand deliver the form to the Secretary of State's office the filing fee is seventy dollars for both domestic and foreign llc's with hand-delivered filings at the Sacramento Secretary of State's office you can request expedited filing for an additional fee step 4 decide on member versus manager management most small multi-member LLCs choose to be managed directly by their members still LLCs can appoint a manager or small group of managers to manage the LLC somewhat like a board of directors oversees a corporation managers vote on key issues such as taking out a loan purchasing real estate or changing strategic plans step 5 prepare an operating agreement an operating agreement is a good idea to have in place with the other members if your LLC has more than one member although a limited liability company operating agreement is not necessary for California your operating agreement should clarify how your company or business will handle big picture issues such as allocating earnings and losses and dissolving the company your operating agreement should also cover the transfer of membership interest profits or losses and distributions initial Investments decision-making Powers voting rights and management and lastly dissolving the business step 6 file biennial report every California and foreign LLC registered in California must file a statement of Information Form LLC 12 with the California secretary of state within 90 days after filing their articles of organization thereafter a statement of information must be filed every two years biennial the filing period is the calendar month when the original articles of organization were filed in the prior five calendar months you can file the statement online print it out and mail or hand deliver it to the California Secretary of State the filing fee is twenty dollars step 7 pay your California state tax obligations all LLCs and foreign LLCs must pay California taxes to the California Franchise Tax Board FTB if one they are organized in California registered in California or conduct business in California and two they have not elected to be taxed as a corporation that is they are taxed as a partnership or sole proprietorship disregarded entities llc's taxed as corporations must comply with California's corporate tax rules all llc's in California must pay an annual minimum franchise tax of eight hundred dollars LLCs with net income over two hundred and fifty thousand dollars must pay an additional fee based on their total annual income step 8 obtain an EIN an EIN or employer identification number is a federal tax ID issued by the IRS they use your EIN to identify your firm and tax filings readily all California firms pay a business privilege tax and the state requires you to have an EIN to file you may also be required to provide your EIN when opening a bank account or applying for municipal permits or licenses obtaining an EIN is a slightly longer process compared to their previous steps I'm sure you know anything to do with the IRS is confusing first you must have complete knowledge of your LLC such as your company information managing member information business address business information company details and even critical information regarding vehicular assets and federal excise taxes this is another reason why getting a professional registered agent is way more convenient as they can do this for you as part of their service now let's talk about the second option to form an LLC and that is hiring a professional formation service professional formation services do all the steps you should be doing on your own from filing necessary forms to acting as your registered agent you usually have to allocate a specific budget for this option as I already mentioned earlier Inc file is one of the best companies out there to help you form your LLC you can click on the link in the description to get access to this deal Inc file is one of a kind as it offers a free package with services such as preparing and filing your articles of organization well you still have to pay 237 dollars for the state fees which you would have to do anyway if you chose the DIY option but looking at the bigger picture all other companies will still charge their service fee on top of
Thanks Elene your participation is very much appreciated
- Emmie Lefore
About the author
I've studied archaeology of religion and ritual at Coastal Carolina University in Conway and I am an expert in bilingual education. I usually feel surprised. My previous job was marine/port engineer I held this position for 23 years, I love talking about race walking and web development. Huge fan of Grace VanderWaal I practice skateboarding and collect paper currency.
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