Steps to Form a California LLC — Complete Walkthrough

Forming a California LLC involves filing with the Secretary of State plus several post-formation requirements unique to California (Statement of Information, franchise tax registration). For the overview, see our main California LLC formation guide.

Step 1: Search for Name Availability

1. Go to https://bizfileonline.sos.ca.gov/
2. Use the "Business Search" function
3. Search for your desired name
4. Verify no existing entity has the same or misleadingly similar name
5. Name must include "LLC," "L.L.C.," or "Limited Liability Company"

See our name search guide for strategies.

Step 2: Reserve Your Name (Optional)

• File a Name Reservation Request with the SOS
• Fee: $10
• Duration: 60 days
• See our name reservation guide

Step 3: Designate an Agent for Service of Process

Choose your agent before filing. Requirements :

• California resident individual (18+), OR
• California registered corporation that has filed a 1505 certificate
• Physical California street address
• LLCs CANNOT serve as agents (unique to California)

See our agent guide.

Step 4: File Articles of Organization (Form LLC-1)

File online at bizfileonline.sos.ca.gov or by mail:

• Fee: $70
• Processing: 3-5 business days (online), 5-10 days (mail)
• Your LLC legally exists once the SOS stamps and files the Articles

See our Articles of Organization guide.

Step 5: File Statement of Information (Form LLC-12)

Due within 90 days of filing Articles. This is mandatory in California.

• Fee: $20
• Provides: member/manager names, addresses, agent info, business type
• Filed online at bizfileonline.sos.ca.gov
• After initial filing: due every 2 years in anniversary month

Step 6: Register with the Franchise Tax Board (FTB)

Your LLC is automatically registered with the FTB when you file with the SOS. The FTB will mail you information about:

• Annual $800 franchise tax (first payment due by 15th day of 4th month after formation)
• No first-year exemption (AB 85 expired after 2023 — LLCs formed 2024+ owe $800 from year one)
• Annual tax return requirements (Form 568)

Step 7: Create an Operating Agreement

California does not require filing an operating agreement, but the California Revised Uniform LLC Act recognizes it as the governing document. Draft one covering ownership, management, profits, and dissolution.

See our operating agreement guide.

Step 8: Get Your EIN and Open Bank Account

• Apply for EIN at irs.gov (free, immediate)
• Open a business bank account with: Articles, EIN letter, operating agreement
• See our EIN guide and bank account guide

Timeline Summary

Total time: 2-3 weeks from start to fully operational.

FAQ

What is the fastest way to form in California?

File in person at the Sacramento or LA SOS office for same-day or next-day processing ($70 + $15 counter fee = $85). Then file SOI online immediately. Apply for EIN online (instant). You can be fully operational in 1-2 days.

Can I start business before the SOI is filed?

Yes. Your LLC legally exists when the Articles are filed. The SOI is due within 90 days. You can operate, sign contracts, and open bank accounts before the SOI is filed — but do not miss the 90-day deadline.