All limited liability companies can file online at bizfile.sos.ca.gov. In order to file Form LLC-12, the status of the LLC must be active or suspended/forfeited on the records of the California Secretary of State. Every California and foreign LLC registered in California must file a Statement of Information, Form LLC-12, with the California Secretary of State within 90 days after filing their articles of organization (Form LLC-1).
Tax Information and Deadlines
No, since your California LLC doesn’t need to pay the $800 franchise tax for its 1st year, you don’t need to file Form 3522. Form 3522 will need to be filed in the 2nd year. For instructions on filing Form 3522, please see California LLC Annual Franchise Tax.
Every LLC that is doing business or organized in California must pay an annual tax of $800. This yearly tax will be due, even if you are not conducting business, until you cancel your LLC. You have until the 15th day of the 4th month from the date you file with the SOS to pay your first-year annual tax.
Naming Guidelines for Your LLC
- Choose Your LLC Business Name. Your name must include "Limited Liability Company" or the abbreviations “LLC” or “L.L.C.”
- Ensure the name is distinguishable from other entities in California.
- The words “Limited” and “Company” may be abbreviated to “Ltd.” and “Co.”
Consideration for starting an LLC in California should also include obtaining an Employer Identification Number (EIN) from the IRS. Yes, LLCs in California must obtain an EIN. As for annual reporting, California LLCs must file a statement of information with the Secretary of State every two years.
To create a California LLC, you will need to submit the Articles of Organization to the Secretary of State. You can apply online or by mail, and the filing fee is $70.
- Step 1: Name your LLC in California.
- Step 2: Hire Agent for Service of Process in California.
Make sure to consult with a business attorney to ensure the LLC-1 form is completed properly. It’s crucial to comply with all applicable California naming requirements; your selected name should be succinct, memorable, and adheres to the guidelines for inclusion of “Limited Liability Company” or the abbreviations “LLC” or “L.L.C.”
An operating agreement does not need to be filed with the state but should be kept on record by the company itself.
Forming an LLC in California provides liability protection for the owners and offers the potential to save on taxes. The LLC structure separates business assets from the owner’s personal assets, reducing the risk of personal liability in the event of business debts or legal actions.