To form a limited liability company (LLC) in California, you must take the following legal steps:
- Choose a name for your LLC. The name must be distinguishable from any other business name registered with the California Secretary of State. You can check name availability on the Secretary of State's website.
- File Articles of Organization with the California Secretary of State. The Articles of Organization must include the name of the LLC, the purpose of the LLC, the name and address of the LLC's registered agent for service of process, the name and address of the LLC's manager(s) or member(s), and the method by which the LLC will be managed. You can file online or by mail, and the filing fee is $70.
- Obtain any necessary business licenses and permits. Depending on the nature of your business, you may need to obtain additional licenses or permits from the state or local government.
- Draft an Operating Agreement. While not required by California law, an operating agreement is a legal document that outlines the rules and regulations governing the LLC's operations and management. It is a good idea to have one in place to protect yourself and your business.
- Obtain an EIN (Employer Identification Number) from the IRS. An EIN is a unique identifier for your LLC for tax and legal purposes. You can apply for an EIN online through the IRS website.
Potential limitations or exceptions to this advice include specific requirements for certain types of businesses, such as those in the healthcare industry. It is recommended that you consult with a licensed attorney to ensure compliance with all legal requirements.
If you need further assistance with forming an LLC in California, you may want to consider seeking legal advice from a licensed attorney or utilizing the services of a business formation company.
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