Starting a business in a new state can be a daunting task, especially if you don't know the specific requirements and procedures. If you are looking to expand your business to California but your LLC is formed outside of the state, you will need to form a california foreign LLC. This article provides a step-by-step guide on how to start a foreign LLC in California.
What is a Foreign LLC?
A foreign LLC is an LLC that is registered in one state but operates in another state. If your business is already formed as an LLC in a state other than California, and you decide to expand and do business there, you will need to consider forming a foreign LLC in California.
Step 1: Name Availability Search
The first step to start a California foreign LLC is to check the availability of your desired entity name. California laws require LLCs to differ in name from any other registered business entities. So, head over to the California Secretary of State's website and conduct a thorough name search to ensure your desired name is available for use.
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Step 2: Appoint a Registered Agent
Every California foreign LLC must appoint a registered agent. A registered agent is a person or entity designated to receive important legal documents and notices on behalf of the LLC. The registered agent must have a physical address in California and be available during normal business hours. You can choose to be your own registered agent or hire a professional registered agent service. Keep in mind that this person or entity's address will be publicly associated with your LLC.
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Step 3: Certificate of Good Standing
You will need to obtain a Certificate of Good Standing, also known as a Certificate of Existence or Certificate of Authority, from the state where your LLC is initially formed. This document certifies that your LLC is in good standing and ensures that there are no pending legal or regulatory issues. You will need to provide this certificate to the California Secretary of State as part of your application.
Step 4: File the Foreign LLC Application
To officially start your California foreign LLC, you need to file the Foreign Limited Liability Company Application (Form LLC-5) with the California Secretary of State. This form can be completed online or manually. You will need to provide the following information in your application:
1. Name of your foreign LLC (which must include the LLC legal ending: "Limited Liability Company," "Limited Company," "Limited," "LLC").
2. State or jurisdiction where your LLC was initially formed.
3. The LLC's California street address (Can be a registered agent address or a physical business location).
4. Registered agent's information, including their name and physical address in California.
5. Attach the Certificate of Good Standing obtained from your initial state.
6. Specify the purpose or activities of your foreign LLC in California.
7. Signature of an authorized person, such as a member or manager of your LLC.
Step 5: Pay the Filing Fee
Along with your Foreign Limited Liability Company Application, you will need to pay the filing fee. The current filing fee for a California foreign LLC is $70, which can be paid with a credit card or by check.
Step 6: Receiving Confirmation and Certificate
Once your application and filing fee are processed, the California Secretary of State will send you a Certificate of Registration. This certificate serves as proof that your foreign LLC is now registered to do business in California.
Step 7: Ongoing Compliance
Congratulations! Your California foreign LLC is now up and running. However, keep in mind the ongoing compliance requirements of the state. You will need to file an annual report, known as Statement of Information, every year to keep your LLC in good standing. The deadline to file the statement is within 90 days of your LLC's registration anniversary date.
In conclusion, expanding your LLC to California as a foreign LLC involves a series of steps and compliance requirements. By following the above-mentioned guide, you will be equipped with the necessary information to successfully start your California foreign LLC and navigate the state's specific rules and regulations.
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