California LLC Filing Requirements

Before you can begin operating your LLC in California, you need to fulfill certain requirements.

A number of requirements need to be fulfilled when forming an LLC in California, including creating a comprehensive operating agreement, selecting a registered agent, and obtaining necessary business licenses. Having these documents in place will help ensure that your business stays in compliance and that all financial obligations are met. You’ll also need to pay an annual franchise tax due the first year following your LLC’s registration and then each subsequent year. This fee is not refundable and must be paid even if the LLC has no active business operations in the state.

Lastly, you’ll need to obtain an Employer Identification Number (EIN), which is used to identify your business for federal tax purposes. This is required for all California LLCs that have employees or are planning on hiring employees in the future. Having an EIN will make filing taxes and opening bank accounts easier. The IRS provides a free online application for an EIN. You can also hire an incorporation service to handle this process for you.

You must include the name and address of your registered agent in your organization’s articles. You can find an agent through the Secretary of State’s website or use a private service company that offers added convenience and compliance support for a fee.

Form LLC-1, the Articles of Organization

Form LLC-1, also known as the Articles of Organization, is the main document you need to file with your state government to formally establish a limited liability company (LLC). It’s like a birth certificate for your LLC, providing essential information about the company to the public and the state.

Filing Form LLC-1 is the first step in forming an LLC. Once you’ve filed it, you’ll need to comply with other legal and tax requirements, such as obtaining any necessary licenses and permits, and filing annual reports with the state.

It’s important to note that the specific requirements for Form LLC-1 may vary from state to state. So, it’s always best to consult with an attorney or accountant to ensure you complete the form correctly and comply with all applicable laws.

Form LLC-12A, Statement of Information

Form LLC-12A, also known as the Statement of Information, is a document required by the California Secretary of State for limited liability companies (LLCs) operating in the state. It updates the information provided in the initial Form LLC-1, the Articles of Organization, filed when forming the LLC.

Important notes:

You need to file Form LLC-12A within 90 days of forming your LLC

You need to file Form LLC-12A every two years thereafter during a specific 6-month filing period based on your original filing date.
You can file Form LLC-12A electronically through the California Secretary of State’s Business Filings Online system.
You can also mail a paper form to the Secretary of State’s office.