California LLC Formation
California LLC formation, with a California attorney.
Articles of Organization filed correctly. An operating agreement that fits your structure, not a template. A California-licensed attorney walking the work — from the intake call through the wrap-up checklist.
Statewide California practice. San Diego–based. Flat-fee packages.
What you actually get
What attorney-assisted formation actually means.
You can pay a low fee to an online filing service and have your Articles of Organization filed by the end of the week. That works for some people. Attorney-assisted formation is a different product.
When this firm forms your California LLC, a California-licensed attorney reads your situation before any document is drafted. Are you a single member or are there partners? What is the actual ownership split, including any contributions of property or sweat equity? Is there a spouse who should — or should not — be on the LLC? Will you take outside investment in the next two years? Is this for an operating business, a real estate hold, or a side project that became real? The answers shape what gets drafted.
What you receive at the end is more than the filed Articles. You get an operating agreement that fits your actual structure, an EIN, the initial Statement of Information, a written engagement scope, and a compliance checklist for what California will expect from you each year. And the attorney who did the work is reachable when something comes up afterward.
The California LLC formation process, with you.
Eight steps from intake call to wrap-up. Predictable on purpose.
- 1
Intake call
A short conversation to confirm scope, fit, and timing. Which package, how many members, what kind of business. No engagement signed yet, no payment, no confidential information needed.
- 2
Engagement letter and flat fee
A written engagement letter setting fee, scope, deliverables, and refund handling. You read it and sign it before any payment is taken.
- 3
Name check
Confirm your proposed LLC name is available with the California Secretary of State. Reserve it if needed.
- 4
Articles of Organization
Form LLC-1 filed with the California Secretary of State. Standard or expedited processing — your choice, fees paid to the state separately.
- 5
EIN application
Federal Employer Identification Number obtained from the IRS, usually same-day. Required for opening the LLC's bank account.
- 6
Operating agreement
Drafted to fit your ownership and management structure. For single-member LLCs, this documents the member-LLC separation. For multi-member LLCs, this is where the substantive work happens.
- 7
Initial Statement of Information
Filed with the California Secretary of State within 90 days of formation. Then biennial for LLCs.
- 8
Wrap-up package
Signed documents, EIN confirmation, written compliance and timeline checklist for what California will expect each year — annual $800 LLC tax, Statement of Information renewals, anything else specific to your situation.
The part most filing services skip
Operating agreements.
The operating agreement is the document where most preventable LLC problems get prevented — or invited.
California law requires every LLC to have an operating agreement. It is governed by the California Revised Uniform Limited Liability Company Act (RULLCA). What California does not do is require you to file the operating agreement with the state. That distinction creates a common misconception: because the operating agreement does not get submitted, owners assume they do not need one. They do.
When an operating agreement is silent or weak, California's default rules apply. Those defaults often are not what you would actually want. Default management is member-managed. Profits and losses follow the statute. The rules around member departures, transfers, and dissolution follow the statute, not what you and your partners agreed to.
For single-member LLCs, the operating agreement still matters — it documents the separation between you and the LLC, which is the foundation of any liability-protection argument. For multi-member LLCs, the operating agreement is the engagement.
Multi-member LLCs
Two or more owners? The operating agreement is the work.
Capital contributions, distributions, voting on major decisions, what happens when someone wants out — these are not template questions. They are the questions that determine whether the LLC works in five years. Multi-member formation centers on getting those answers in writing before they have to be litigated.
What this costs
Three flat-fee packages. Full scope and what is — and is not — included is published on the pricing page.
Foundation
For single-member LLCs with a straightforward setup.
$995 flat fee
- California Articles of Organization
- EIN application support
- Initial Statement of Information filing
- Single-member operating agreement (template-based)
- Initial compliance and timeline checklist
Standard
For owners who want a fitted operating agreement and a real conversation.
$1,495 flat fee
- Everything in Foundation
- Custom-fitted single-member operating agreement
- 30-minute formation strategy call
- Manager-managed vs. member-managed guidance
- Post-formation Q&A by email (30 days)
Multi-Member
For LLCs with two or more owners. The operating agreement is the work.
$1,995 flat fee
- Everything in Standard
- Multi-member operating agreement (custom)
- Capital contribution and distribution terms
- Buy-sell / departure provisions
- Member-vote and management provisions
- Joint formation call with all members (60 minutes)
Statewide California, San Diego–based.
Most clients are not in San Diego. The firm is California-licensed and serves clients statewide — most of the work happens by video call, email, and signed documents. The intake call is a video call by default; in-person is offered when it helps.
San Diego is the home base. For local clients who want to meet in person, that works. For clients elsewhere in California, geography is not a constraint.
What you should know about California specifically.
California has its own rules. A short tour of the ones that come up most often.
California uses Articles of Organization (Form LLC-1)
California's LLC formation document is the Articles of Organization, filed on Form LLC-1 with the California Secretary of State. It is short — about a page. The substantive document is the operating agreement.
A registered agent for service of process is required
Every California LLC must designate an agent for service of process — someone authorized to receive legal documents for the LLC. The agent can be a California-resident individual, a California-registered corporation, or a commercial registered agent service. You can serve as your own agent if you have a California street address (no PO boxes) and are available during business hours, but the address becomes public record.
The operating agreement is required, but not filed
California law requires every LLC to have an operating agreement. It is not submitted to the Secretary of State — which creates a common misconception that it is optional. It is not. Without one, California's default rules apply, and those defaults often are not what owners would actually want.
The $800 minimum annual LLC tax
Every California LLC owes the California Franchise Tax Board a minimum $800 annual tax (Cal. Revenue and Taxation Code §17941), due regardless of revenue. The first-year due date depends on your formation date. Your CPA tracks this; the firm flags it on the wrap-up checklist.
Statement of Information
The initial Statement of Information must be filed with the California Secretary of State within 90 days of formation. After that, LLCs file biennially — every two years.
Member-managed vs. manager-managed
Two structures. Member-managed: all members participate in day-to-day management. Manager-managed: members appoint one or more managers (who may or may not themselves be members). Most small LLCs are member-managed. If you have passive investor-members or want to centralize decision authority, manager-managed may be the better fit. The intake call covers which makes sense for your situation.
California's gross-receipts LLC fee
On top of the $800 minimum tax, California imposes an additional LLC fee for LLCs with total California-source income over $250,000. Tiered above that threshold. Your CPA handles the calculation; the firm flags it on the compliance checklist if you expect to cross that line.
LLC name rules
A California LLC name must include "Limited Liability Company," "LLC," or "L.L.C." Some words are restricted (bank, trust, insurer, and others) and require additional approvals. The Secretary of State will reject names confusingly similar to existing entities. The name check is part of the formation process.
Statutory references — Taylor verifies before launch.
Citations on this page: Cal. Revenue and Taxation Code §17941 (the $800 minimum LLC tax). Other rules referenced (registered agent, operating agreement, Statement of Information, member-managed vs. manager-managed, name rules) are governed by the California Revised Uniform Limited Liability Company Act (RULLCA) in the Corporations Code. Confirm specific section citations are accurate and current — California's statute has been updated periodically since enactment.
Common questions about California LLC formation
- How long does California LLC formation take, start to finish?
- The Secretary of State's standard processing time fluctuates — typically several business days for online filings, longer in heavy periods. Expedited filing is available for an additional fee paid to the state. The operating-agreement work runs in parallel, so end-to-end timing is usually two to three weeks from engagement to wrap-up. Multi-member engagements can take longer because the operating-agreement conversation takes longer.
- Do I need a registered agent?
- Yes. Every California LLC must designate an agent for service of process — someone authorized to receive legal documents on behalf of the LLC. The agent can be a California-resident individual, a California-registered corporation, or a commercial registered agent service. You can serve as your own agent if you have a California street address (no PO boxes) and are available during business hours, but that address becomes public.
- Can I form a California LLC if I do not live in California?
- Yes. There is no residency requirement to form a California LLC. You will need a California registered agent (commercial agent services are common for out-of-state owners) and you will need to comply with California's tax and reporting rules — including the annual $800 minimum LLC tax.
- Do I have to file an operating agreement with the state?
- No. California law requires every LLC to have an operating agreement, but it is not submitted to the Secretary of State. The agreement governs the LLC internally — between members and between the members and the LLC.
- What is the difference between an LLC and a corporation in California?
- Two different entity structures with different default tax treatment, governance rules, and ownership flexibility. LLCs are typically simpler to operate and offer flexible profit and loss allocation; corporations have more rigid governance (board, officers, shareholders) but may be preferred for outside investment or certain tax structures. Choosing between them depends on your goals — your CPA covers the tax side; the formation conversation here covers the legal-structure side.
- Can I form an LLC for a real estate investment?
- Yes. LLCs are commonly used to hold California real estate. There are real-estate-specific considerations the operating agreement should address — capital calls, refinancing, distributions, what happens if a member wants out. For LLCs holding multiple properties, a Series LLC conversation may be appropriate. The intake call covers what fits.
- Should I form in Delaware or California?
- If your business operates primarily in California, the practical answer for most small business owners is California. Forming in Delaware while operating in California means registering the Delaware LLC as a foreign LLC in California anyway — paying both states' fees, complying with both states' rules. The Delaware advantage mostly matters for venture-backed companies, specific investor-driven structures, or particular privacy considerations. For most California small businesses, the extra cost and complexity of a Delaware formation does not pay for itself.
- Do I need to publish a notice when I form a California LLC?
- No. Some states — New York and Arizona, for example — require new LLCs to publish a formation notice in local newspapers. California has no such requirement.
Where are you?
Three paths, depending on how ready you are to start.
Ready to start
Book a Formation Call
A short intake call to confirm scope and package. No fee for the intake call itself, no engagement signed before scope is confirmed.
Book a Formation Call →Comparing options
See pricing and scope
Flat-fee packages with what is and is not included published openly. State filing fees itemized separately.
See Pricing →Not ready yet
Get the California LLC Checklist
A practical checklist of what California small business owners should think through before forming an LLC — what to decide, what to ignore, where the common mistakes happen.
Download the Checklist →Form your California LLC with a California attorney walking the work.
Plain-English process. Flat-fee packages. A real attorney who picks up the phone.