California LLC Attorney
What Does a California LLC Attorney Do?
An LLC attorney can provide significant and meaningful assistance entrepreneurs attracted to the limited liability company (LLC) business form for their new business. An LLC retains some of the most attractive features of corporations but is considerably easier to manage and operate. The main benefits that encourage new business owners to choose to from an LLC as opposed to a different form of business include:
- Less formalities that must be complied with in order to start up and run an LLC;
- Profits of LLCs are treated more favorably for tax purposes than with a corporation;
- LLC owners have limited liability (meaning that in most circumstances an LLC owner’s personal property and assets cannot be attached, seized, or garnished to satisfy the debt of the LLC).
While setting up an LLC can be completed online by the entrepreneur/business owner, but it may be more beneficial to have an LLC attorney’s assistance throughout the formation process.
California LLC Formation
Unlike other business forms such as a partnership, a limited liability company is often referred to as a “creature of statute.” This means that an LLC must be formed and operated in compliance with the California laws and statutes governing LLCs or else the owners risk losing the benefits LLCs offer. Setting up an LLC in California requires owners to take the following steps:
- Select an appropriate business name: An LLC’s business name must end with the phrase “Limited Liability Company” or an abbreviation such as “LLC” or “L.L.C.” The business name must not be such that a consumer would believe the LLC is in the insurance business or that it is any other business form. Finally, the business name must not be too similar to any other business name currently in use (startup business owners can check and reserve an LLC name with the California Secretary of State).
- File articles of incorporation: LLC owners must complete Form LLC-1 either online or in writing and submit this form along with the appropriate filing fee. The articles of incorporation must at a minimum state the name and purpose of the LLC, list the address of the LLC and the name and address of its registered agent in the state, and describe how the LLC will be managed.
- Select a registered agent: A registered agent is the person or business who agrees to accept process on behalf of the LLC in the event that the LLC is sued in the State of California.
- File a Statement of Information: New LLC owners must file a standardized Statement of Information, Form LLC-12, with the Secretary of State for California within 90 days of filing Form LLC-1 and every two years thereafter.
What Can a California LLC Attorney Do For You?
The steps listed above are the bare minimum requirements to form an LLC: operating a successful LLC requires owners to consider and draft an operating agreement that describes in detail how the business is to be operated and pay local, state, and federal taxes. An experienced LLC attorney can assist LLC business owners with meeting these obligations and keeping their LLC running smoothly.
JGPC Law is intimately familiar with the laws and regulations governing LLCs in California and stands ready to help you with forming and operating your LLC. Our experienced firm serves clients in and around Pleasanton, Livermore, San Leandro, Oakland, Danville, Walnut Creek, and Fremont. Contact our office at (924) 463-9600 or through our legal website for help getting the most out of your LLC structure in CA.