Forming a LLC in California Benefits and Requirements
Popular Legal Option: the Limited Liability Company (LLC)3 min read
In the corporate world, the Limited Liability Company (LLC) has become a popular legal option for those looking to capitalize on the benefits of small business ownership. Originating in Wyoming in 1977, LLCs offer the legal and financial protections of corporations without the cumbersome formalities and structure. With the right legal counsel, forming a LLC in California can be a simple and efficient way to legally protect and grow your business.
The process of setting up an LLC in California is ultimately driven by your business’s needs. Depending on the size of your business, you may need you to file a Certificate of Formation or a Partnership Agreement. Additionally, it’s important to understand LLC laws in California, in order to find the right legal counsel who understands the nuances of California-based LLCs such as taxation issues, company rights, and the requirements of the California Secretary of State.
Once you find the right legal guidance, you and your attorney will needs to choose the right type of LLC. Even if you’ve only just started planning out your business, your attorney will need to know the organizational structure and the type of business you’ll be doing to determine the right LLC type for your needs. However, you'll often need to spend time developing your business’s mission and objectives in order to choose a LLC type.
When your ideal LLC type has been identified, next you'll need to name your LLC. It’s important to name your LLC in such a way that it reflects the professional nature of your business, makes it distinct to other companies in California, and complies with California Secretary of State regulations. For help navigating these naming restrictions, consult an experienced counsel.
Choosing the right registered agent is also important in setting up your LLC. In California, the registered agent must have a physical address in the state and be available during regular business hours. In many cases, particularly for smaller businesses without a local office space, it may be beneficial to hire a registered agent service.
Once your business is off the ground, it’s important to maintain accurate financial records to protect you and your business from liabilities. Depending on your LLC type, this could involve keeping business and personal accounts separate, tracking all business uses of your debit and credit cards, and periodically reviewing your business’s tax records. An experienced California attorney can provide guidance when it comes to protecting yourself from liability as a member or manager of an LLC. Additionally, they can help you understand and comply with the ongoing filing and reporting requirements LLCs have in California, such as filing an annual statement or foreign qualification.
An experienced legal professional general counsel plays a critical role in helping you form an LLC in California and giving you peace of mind. When searching for the right attorney, seek someone who has prior experience with LLCs and is familiar with the California registration process and all the associated paperwork. Most importantly, tap a lawyer who understands the local laws and regulations governing business in California.
At UpCounsel, we offer access to high quality attorneys on demand. Our business attorneys have an average of 14 years of experience and profiles of our online attorneys display client ratings and reviews of recent work, so you can trust that you’re getting experienced guidance from a capable hand.