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How do I form an LLC in California?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

California LLCs are governed by the California Revised Uniform Limited Liability Company Act (RULLCA), Cal. Corp. Code §§ 17701.01–17713.13.

1. Filing Fee and Processing Time

  • Form LLC-1 (Articles of Organization): $70 filing fee with the California Secretary of State.
  • Processing: 5-7 business days online (bizfileOnline.sos.ca.gov); paper filings take longer. 24-hour expedited available for an additional $350; same-day for $750.
  • 2. Name Reservation

  • Optional. Form LLC-1NR reserves a name for 60 days for $10. The name must contain "Limited Liability Company," "LLC," or "L.L.C." and must be distinguishable from existing entities (Cal. Corp. Code § 17701.08).
  • 3. Registered Agent (Agent for Service of Process)

  • Required under Cal. Corp. Code § 17701.13.
  • Must be a California resident individual OR a corporation registered with the Secretary of State as a 1505 corporate agent.
  • Address must be a physical street address in California (no P.O. boxes).
  • 4. Operating Agreement

  • Required under Cal. Corp. Code § 17701.10 — but is NOT filed with the state. Kept internally.
  • May be oral, written, or implied. Single-member LLCs should have a written agreement to preserve the liability shield.
  • 5. Statement of Information

  • Initial Statement of Information (Form LLC-12) must be filed within 90 days of formation. Fee: $20.
  • Biennial Statement of Information required every 2 years thereafter ($20). Late filings incur a $250 penalty.
  • 6. Annual Franchise Tax — California's $800 Minimum

  • California imposes an $800 minimum annual franchise tax on every LLC, regardless of income or activity (Cal. Rev. & Tax. Code § 17941).
  • Due by the 15th day of the 4th month of the taxable year (April 15 for calendar-year LLCs).
  • The first-year waiver that applied to LLCs organized 2021-2023 has expired — new LLCs in 2024+ owe $800 in year one. (Confirm current FTB guidance.)
  • 7. LLC Fee (Gross Receipts)

  • Additional LLC fee based on California-source gross receipts (Cal. Rev. & Tax. Code § 17942):
  • - $250,000-$499,999: $900

    - $500,000-$999,999: $2,500

    - $1M-$4,999,999: $6,000

    - $5M+: $11,790

    8. Federal EIN and CA Tax IDs

  • Obtain a federal EIN from the IRS (free).
  • Register with the California Department of Tax and Fee Administration (CDTFA) if collecting sales tax.
  • Register with the EDD if hiring employees.
  • 9. Local Business License

  • Most California cities require a local business license / business tax certificate in addition to state formation.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have multiple members and need a custom operating agreement
    • You are forming a professional LLC (note CA's restrictions on professional LLCs)
    • You expect significant California-source revenue triggering the LLC fee
    Related Statutes & Laws
    • Cal. Corp. Code § 17701.08
    • Cal. Corp. Code § 17701.10
    • Cal. Corp. Code § 17701.13
    • Cal. Rev. & Tax. Code § 17941
    • Cal. Rev. & Tax. Code § 17942

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.