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Steven S.

Steven Stark

583 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Jake S.

Jake Siciliano

268 reviews
Jake graduated from Thomas Jefferson School of Law where he focused on international trademark and corporate law. As of 2022, he has obtained his L.L.M. in Financial Compli... read more
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Richard G.

Richard Gora

200 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Grant M.

Grant Maynard

128 reviews
Grant represents high-growth companies in all aspects of formation, financing, and intellectual property issues. He has previously done general corporate, intellectual, and real estate work at Nebraska's oldest law firm before transitioning to a more virtual lifestyle. As an entrepreneur himself, he understands the need to balance legal and business interests.
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Eric A.

Eric Alspaugh

80 reviews
Intellectual property is a very unique area of the law the requires specialized attorneys who have additional training and education. For the complicated area of medicine and medical devices, the IP complexity often increases. Eric B. Alspaugh serves as medical device general counsel or patent counsel for several businesses, a qualification that very few attorneys can boast. His expertise is invaluable to these complicated business ventures.
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Rebecca L.

Rebecca London

64 reviews
Currently the General Counsel for Civic Center Law Group, Rebecca London has 17 years worth of experience practicing law. She has spent some time in the business and environmental departments of law firms such as Procopio Cory Hargreaves and Savitch, LLP. Her specialties are in assisting small businesses with legal issues - some of which include commercial contracts, intellectual property management and trademarks. She attained her Juris Doctor from the University of San Diego School of Law.
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Sean L.

Sean Lowe

27 reviews
Sean is a tenacious business attorney who graduated at the top of his class from UCLA School of Law. He started his law career by working for a federal judge and a supreme ... read more
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Troy K.

Troy Krich

25 reviews
Mr. Krich is a practiced civil litigator with experience in business, employment, and construction litigation. In addition, Troy applies a significant portion of his servic... read more
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Dolan W.

Dolan Williams

6 reviews
I am an experienced and dedicated attorney with a proven track record of providing effective legal solutions to businesses. I've worked with large organizations, non-profit... read more
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Leonard L.

Leonard Lerner

3 reviews
Leonard Lerner is the senior partner of Lerner & Weiss APC with offices in Woodland Hills and San Diego. The firm specializes in Business/ Commercial transactions and l... read more
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Why use UpCounsel to form your LLC in California?

Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your California LLC the right way.
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Why use UpCounsel to form an LLC in California

Starting an LLC in California with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in California with UpCounsel, the attorney you choose to help you will conduct a business name search for your California LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Articles of Organization have been prepared and successfully filed with the California Secretary of State, your California LLC has been formed and begins its existence as a corporate entity.

Requirements for Forming a California LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your California Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company. The words "limited" and "company" may be abbreviated to "Ltd." and "Co.", respectively.

It must be distinguishable (not the same as or deceptively similar to) the name of any California Limited Liability Company or foreign LLC reserved or registered and cannot contain the words "bank", "trust", "trustee,""incorporated", "inc.", corporation", or "corp.", or "insurer" or "insurance company" or any other words suggesting that it is in the business of issuing policies of insurance and assuming insurance risks.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your California Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the State of California.

Articles of Organization: When forming an LLC in California, the Articles of Organization must be filed with the Secretary of State. California state law requires that certain information be included in your Articles of Organization when forming your California LLC.

This information must include:

  1. The LLC name
  2. The following statement: "The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company may be organized under the California Revised Uniform Limited Liability Company Act." This is important because as of January 1, 2014, the California Revised Uniform Limited Liability Company Act replaced the Beverly-Killea Limited Liability Company Act.
  3. The name and address of the initial registered agent for service of process on the LLC unless a corporate agent is designated, in which case only the name of the agent shall be set forth.
  4. A statement clarifying whether the LLC is to be managed by one or more managers and/or by its members.

State Filings: Your LLC is considered organized once the Articles of Organization are delivered to the California Secretary of State, and the articles are deemed to be in compliance with the state of California requirements. One certified copy of the Articles of Organization will be issued, and the other certified copy will be returned to the organizer or members. Within 90 days after filing the Articles of Organization, you must file a Statement of Information with the State (Form LLC-12). This also must be re-filed every 2 years.

Additionally, a California LLC formation generally requires inclusion and/or consideration of the following:

Organizers: One or more people may form a LLC, yet they do not need to be members of the LLC.

Minimum Number of LLC Organizers: One (or more).

Eligibility: An organizer may be an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign.

LLC Operating Agreement: Although not required, LLC members may adopt an operating agreement for the company, which may also be amended and repealed as allowed by the agreement or applicable law. The Articles of Organization may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. If there is more than one member, any operating agreement shall initially be agreed to, in writing, by all of the members.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at the time of formation and, after formation, at the time provided in and upon compliance with the Articles of Organization or the operating agreement or, if not provided, only upon the vote of a majority in interest of the LLC members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the LLC's operating agreement.

Professional Services: California law does not allow a domestic LLC to provide "professional services." A professional service is a type of service that requires a license or certification. It is recommended that you check with an attorney or the proper licensing authority to determine whether your business falls under the "professional services" category.

Resident Agent needed for a California LLC

UpCounsel attorneys can also provide your business with a registered agent in California. Every California LLC must have a registered agent in California, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The registered office may be a place of its business.

California Secretary of State

Once you create an LLC in California, the California Secretary of State will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the California Secretary of State.

Recurring Responsibilities and Duties for California LLCs

Annual Report: Each limited liability company shall provide an annual report to the California Secretary of State regarding its financial condition to each of its members.

Records: Each California limited liability company must keep the following records open to inspection at its office:

  1. A current list of the full name and last known business or residence address of each member and of each holder of an economic interest in the limited liability company set forth in alphabetical order, together with the contribution and the share in profits and losses of each member and holder of an economic interest.
  2. If the LLC is manager-managed, you will need a current list including the full name and business or residence address of each manager.
  3. A copy of the Articles of Organization and all amendments thereto, together with any powers of attorney pursuant to which the Articles of Organization or any amendments thereto were executed.
  4. Copies of the limited liability company's federal, state, and local income tax or information returns and reports, if any, for the six most recent taxable years
  5. A copy of the LLC's Operating Agreement, if in writing, and any amendments thereto, together with any powers of attorney pursuant to which any written operating agreement or any amendments thereto were executed.
  6. Copies of the limited liability company's financial statements, if any, for the six most recent fiscal years.
  7. The books and records of internal affairs as they relate to the limited liability company for at least the current and past four fiscal years.

Filing Fees for a California LLC

Filings must be made with the California Secretary of State in which the LLC was organized, along with the appropriate state filing fee. When appropriate, one check must accompany the document, payable to the California Secretary of State, covering all charges for the Secretary of State.

Taxes for a California LLC

Having an LLC in California can offer certain tax advantages over having a corporation, including the availability of more tax deductions. Additionally, an LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity", so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

California state taxes are variable depending on taxable income. Note: California LLCs are subject to an annual franchise tax fee of $800 per year at minimum. The first payment must be made within 3 months of forming your LLC.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in California as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the limited Liability company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself. However, if you file IRS Form 8832, you may elect for corporate taxation if you regularly need to keep a substantial amount of your profits in the LLC.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

(hold off)

Dissolution requirements for an LLC in California

In order for a limited liability company to be dissolved, any one of the following events must happen:

  1. At the time specified in the articles of organization, if any, or upon the happening of the events, if any, specified in the articles of organization or a written LLC operating agreement.
  2. By the vote of a majority in interest of the members, or a greater percentage of the voting interests of members as specified in the articles of organization or a written LLC operating agreement
  3. The entry of a judicial order
Start Your Business Off Right with an Affordable LLC Formation Attorney in California

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This is the most recent 20 reviews out of 1276 reviews for Business Formation attorneys in California

Wendell Beres
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Consult on Corporate Restructure

Wendell Beres

"Had an excellent experience working with Wendell. Very clear and quick communicator. Offered a great value for the work I needed done on forming an LLC and applying for a California liquor license. I would highly recommend working with Wendell for your legal needs."

.
Los Angeles, CA,

Jake Siciliano
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Partnership

Jake Siciliano

"It was so easy to work with Jake. He’s honest, he listens and was great with addressing questions. I’ll definitely be working with Jake again."

.
Mira Loma, CA,

Mary Hodges
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Restructure Corporation

Mary Hodges

"Mary's unique contributions were instrumental in guiding us through the complex process of setting up our company. She ensured that all details were handled precisely and carefully, providing invaluable insights and a comprehensive view from all angles. Her guidance helped us understand the implications of every decision. Mary's dedication was evident throughout our journey. She went above and beyond, adding additional clauses to our founding documents that the online service we initially used did not support. Her expert handling of the filing of amendments ensured our documents were both thorough and legally sound. Her organized approach was particularly impressive; she meticulously organized all of our documents, making the entire process smooth and stress-free. Her knowledge and professionalism gave us the confidence to navigate the daunting incorporation process easily. Having Mary by our side was a true asset."

.
Cupertino, CA,

Eric Alspaugh
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Business Formation Consults

Eric Alspaugh

"great work."

.
Santa Barbara, CA,

Alexander Nahai
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Business Formation Matter

Alexander Nahai

"Great guy to work with. Helped me through a very tough situation."

.
Daly City, CA,

Michael Wieser
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Operating Agreement

Michael Wieser

"Michael did a great job completing our investor agreements and helped educate us on the process and what we should and shouldn't do. I greatly appreciated his attention to detail and wealth of experience. Thanks for all of your help Michael! - Charlie"

.
La Mesa, CA,

Jon Bourne
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Draft Shareholder Agreement

Jon Bourne

"Jon has an exceptional expertise in startup financing and corporate law. The process was seamless, with clear communication and prompt strategic advisory on preparing new SAFE and adding investments.I highly recommend Jon for anyone needing professional and efficient legal assistance in similar matters."

.
Moraga, CA,

Annabel Chang
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Operating Agreement

Annabel Chang

"I highly recommend Annabel for her exceptional legal services. She was instrumental in drafting the terms of service, privacy policy, and operating agreements for my new business. Annabel is thorough, detail-oriented, and thoughtful. Her quick response times and willingness to educate on the nuances of legal recommendations were invaluable. I will be will be utilizing Annabel again for any future legal needs."

.
Danville, CA,

Brig Ricks
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Advisory Agreement

Brig Ricks

"Second time working with Brig Ricks, and I will always come back for his advice and guidance!"

.
Berkeley, CA,

Steven Stark
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Business Formation Matter

Steven Stark

"Steve made the entire process of forming my LLC in Washington a breeze! Highly recommend! Will hire again if any business legal needs arise."

.
Desert Hot Springs, CA,

Chrystan Carlton
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Consult on Corporate Restructure

Chrystan Carlton

"Chrystan is amazing! With so much happening that can be scary, her knowledge and strategy give me so much confidence to get things on track! Huge recommend to work with Chrystan!!"

.
Los Angeles, CA,

Conor Teevan
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form LLC

Conor Teevan

"I highly recommend Conor for any legal needs! He recently handled my LLC formation and did an outstanding job. His expertise, professionalism, and attention to detail were impressive throughout the entire process. They were always responsive."

.
Canyon Country, CA,

Stephan Holmquist
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Shareholder Agreement

Stephan Holmquist

"This was my second engagement with Stephan. He's extremely responsive and very supportive on my needs."

.
San Francisco, CA,

Rebecca London
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Audit of Startup Incorporation and SPA paperwork

Rebecca London

"Very knowledgable"

.
Los Angeles, CA,

David Yamaguchi
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form LLC

David Yamaguchi

"I greatly appreciated David's deep knowledge and responsiveness and intend to engage him on any future legal matters related to my business."

.
Pasadena, CA,

Sarah Shabanie
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Partnership

Sarah Shabanie

"Sarah was informative and quick. She was able to highlight areas that I should address with my potential partners and create an Addendum that was accepted."

.
Saratoga, CA,

Leonard Lerner
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Business Formation Matter

Leonard Lerner

"Extremely clear advice from Leonard. Highly recommend for business/entity/LLC matters!"

.
San Francisco, CA,

Seth Wiener
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Help with resignation letter from the Chairman of the Board position.

Seth Wiener

"Seth did a fantastic job of quickly getting into my problem and helping me figure out all the answers I was looking for. At the same time, he provided me with a lot of additional information that helped me understand my issue much better. Thanks!"

.
Los Angeles, CA,

Alisha Bond
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Advisory Agreement

Alisha Bond

"Excellent! Highly recommend!"

.
Laguna Beach, CA,

Paul Spitz
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Operating Agreement

Paul Spitz

"A+"

.
Coachella, CA,

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