The formation of a limited liability company (LLC) is advantageous for many small business owners. Because it requires simple formation processes and procedures, the LLC structure offers a blend of taxation advantages and other benefits for small businesses in Los Angeles. Knowing how to easily set up and maintain an LLC in California can provide the legal protection you need to ensure that the future of your business will be stable and successful.

Forming an LLC is a straightforward process, but navigating California’s regulations can be confusing for even the most experienced business owners. Thankfully, the Los Angeles business lawyers at UpCounsel are well-versed in these regulations and can help you make sure that your LLC is correctly registered and compliant with state regulations.

In this article, we’ll provide an overview of the steps you should take to create and manage an LLC on your own or with the help of an experienced business lawyer.

Step 1: Choose a Unique Name for Your LLC

The first step to creating an LLC is to select a unique name that accurately reflects the nature of your business. It is important that your LLC name is distinguishable from all other existing LLCs as it must comply with the rules and regulations of the state of California.

The name of your LLC should end with the legal designation “Limited Liability Company,” “LLC,” or “L.L.C.” Your LLC name should not include any restricted words, such as “insurance,” “bank,” or “attorney.” If necessary, you may use a professional or biblical reference, provided that the state is apprised of the nature of the reference.

You can check the availability of your proposed LLC name by checking with the California Secretary of State’s business name database. Additionally, you can use a free name check service to ensure your new LLC’s name is unique and not already taken.

Step 2: Get an Employer Identification Number (EIN)

An Employer Identification Number (EIN) is a nine-digit number issued by the Internal Revenue Service (IRS) that identifies your business to the government. Getting an EIN is free and easy; you can apply online, by phone, or by mail. In some situations, it’s not necessary to obtain an EIN, such as an LLC with no employees and no need to pay taxes on corporate income.

Step 3: Register Your LLC With the State

The next step is to register your LLC with the state. To do this, you must file “Articles of Organization” with the California Secretary of State. This document includes information such as the LLC name, registered agent, purpose of the LLC, and other relevant details.

You can file your Articles of Organization online, by mail, or in-person. Depending on the filing method you choose, the fees will vary. The typical filing fee for registering an LLC is $70.

Step 4: Obtain Necessary Business Licenses and Permits

Once your registration is complete, it is important to obtain any necessary business licenses and permits that are required for your business to operate. You can search the official state website to find out which licenses, permits, and forms you may need to file in order to legally operate your business in the state of California.

The requirements will vary depending on the type of business you are running and the nature of your activities, so it is important to check with your local government for specific details.

Step 5: Open a Business Bank Account

Once your LLC is registered with the state and you’ve obtained all the necessary licenses and permits, it’s time to open a business bank account. You should open a separate bank account to make it easier for you to track your LLC’s operating expenses, income, and tax payments.

By maintaining separate bank accounts for personal expenses and business-related transactions, you can avoid accidentally mixing your personal funds and property with your business funds and assets.

Step 6: Create an Operating Agreement

It’s important to create an Operating Agreement for your LLC. This document outlines the responsibilities and ownership rights of each LLC member and sets forth the procedures for decision-making, so that all members are in agreement about when and how decisions will be made.

An Operating Agreement is especially important for LLCs with more than one member, as it defines how the members will split profits and losses, as well as outlines procedures for dissolving the LLC.

Step 7: Comply With State Laws and Regulations

Once you’ve established your LLC and taken care of the necessary paperwork, it’s important to stay up-to-date on state laws and regulations that affect LLCs. There may be additional state-specific requirements you need to adhere to, such as paying state taxes, registering for permits, or filing annual reports.

To summarize

Whether you’re setting up an LLC on your own or enlisting the help of a business lawyer, the key to success is thorough preparation. Taking the time to understand California’s LLC formation requirements and relevant state laws can provide you with the peace of mind of knowing that your LLC is compliant and operating legally. By following the seven steps outlined in this article, you can ensure that your LLC is properly registered and maintained so that your business can succeed and grow.

If you need personalized assistance with forming an LLC in Los Angeles, the experienced business lawyers at UpCounsel can help. With extensive knowledge and experience with the local regulations, UpCounsel’s business lawyers have the expertise and resources to get your LLC registered and properly managed.

Topics:

LLC formation,

risk management,

business lawyers