Form a California LLC
Everything you need to file yourself — or let EntityEngine handle it.
California LLC at a Glance
Form a California LLC by filing Articles of Organization with the California Secretary of State — Business Programs Division. The state filing fee is $70 with a processing time of 5–7 business days. Online filing is available.
How to Form a California LLC — Step by Step
Follow these steps to form your California LLC yourself. Each step includes links to the official state resources you'll need.
1Search for Name Availability
Go to bizfileonline.sos.ca.gov and click "Business Search." Enter your desired LLC name. California requires your name to be distinguishable from existing registered entities.
Your LLC name must end with "Limited Liability Company," "LLC," or "L.L.C." — California also allows "Ltd. Liability Co." but not abbreviations like "LC."
You can reserve a name for 60 days by filing a Name Reservation Request ($10) through bizfileOnline, but this is optional.
California's name search only checks the Secretary of State's database. Also check county DBA records and the USPTO trademark database to avoid conflicts.
2Choose an Agent for Service of Process
California calls the registered agent an "Agent for Service of Process." Your agent must have a physical street address in California — no P.O. boxes.
You can designate an individual (including yourself if you have a California address) or a registered corporate agent. Professional services cost $50–$200/year.
Unlike most states, California uses the term "Agent for Service of Process" rather than "registered agent" — they mean the same thing.
3File Articles of Organization (Form LLC-1)
Go to bizfileonline.sos.ca.gov, create an account (or log in), and select "LLC — Articles of Organization (LLC-1)." The form asks for: LLC name, business address, agent for service of process name and address, and management structure.
The filing fee is $70. You can pay by credit card or eCheck online. Standard processing takes 5–7 business days. Expedited processing: 24-hour for $350 extra or same-day for $750 extra.
You can also file by mail by downloading Form LLC-1 from the Secretary of State's website. Mail filings take 2–4 weeks.
California's Articles of Organization ask whether the LLC is managed by one manager, more than one manager, or all LLC members. Choose carefully — this affects who can sign contracts and bind the LLC.
4File Statement of Information (Form LLC-12)
Within 90 days of formation, you must file a Statement of Information (Form LLC-12) with the Secretary of State. This is a separate $20 filing that provides additional details about your LLC.
File online at bizfileonline.sos.ca.gov. The form asks for: principal office address, mailing address, agent for service of process, manager/member names and addresses, and the type of business.
After the initial filing, you must file a new Statement of Information every 2 years (biennial). Missing the deadline triggers a $250 penalty.
Don't forget this step! The 90-day window starts from your formation date. Set a reminder immediately after filing your Articles of Organization.
5Create an Operating Agreement
California is one of the few states that legally requires an operating agreement (Cal. Corp. Code § 17701.10). It doesn't need to be filed with the state — keep it with your LLC records.
Your operating agreement should cover ownership percentages, capital contributions, profit/loss allocation, management structure, voting rights, transfer restrictions, and dissolution procedures.
California requires this by law. Even for single-member LLCs, the operating agreement establishes the LLC as a separate legal entity for liability protection purposes.
6Get an EIN from the IRS
Apply for a free EIN at irs.gov. Select "Limited Liability Company" and "California" as the state of formation. The online process takes about 5 minutes and issues your EIN immediately.
7Pay the $800 Franchise Tax
California imposes an $800 annual minimum franchise tax on all LLCs, due by the 15th day of the 4th month after your LLC's formation date. This means if you form on January 10, the first $800 is due by April 15.
Pay using Form 3522 (LLC Tax Voucher) at ftb.ca.gov. The $800 tax applies even if your LLC earns zero revenue. The previous first-year exemption (AB 85) expired after 2023 — LLCs formed in 2024+ pay $800 in year one.
LLCs with California-sourced income over $250,000 also pay an additional LLC fee: $900 (income $250K–$499K), $2,500 ($500K–$999K), $6,000 ($1M–$4.99M), or $11,790 ($5M+).
This $800 tax is the single biggest "gotcha" for California LLCs. Budget for it from day one. It applies to all LLCs doing business in or registered in California — even if you formed somewhere else.
8Register for California Taxes
If your LLC sells taxable goods or services, register for a Seller's Permit with the California Department of Tax and Fee Administration (CDTFA) at cdtfa.ca.gov. Registration is free.
California's state sales tax is 7.25%, with local add-ons bringing combined rates to 8.25–10.75% depending on location.
If you have employees, register with the Employment Development Department (EDD) for state income tax withholding, unemployment insurance, and state disability insurance.
9Set Up Compliance Reminders
Set recurring reminders for CA tax and filing deadlines: the $800 franchise tax (due annually by the 15th of the 4th month), and the biennial Statement of Information (every 2 years).
California has more ongoing compliance obligations than most states. Use EntityEngine's compliance calendar or set multiple recurring reminders.
California LLC Filing Fees
Exact fees charged by the California Secretary of State — Business Programs Division for LLC formation.
| Fee Item | Amount | Required? |
|---|---|---|
| Articles of Organization (Form LLC-1) | $70.00 | Required |
| Statement of Information (Form LLC-12) | $20.00 | Required |
| Certified Copy | $5.00 | Optional |
| 24-Hour Expedited Processing | $350.00 | Optional |
| Same-Day Expedited Processing | $750.00 | Optional |
| Total (required fees) | $90.00 |
Expedited processing is available for $350 (24-hour processing).
Official California LLC Forms
Download these forms from the California Secretary of State — Business Programs Division for mail-in filing, or use the online filing portal.
California LLC Annual Requirements
California Tax Snapshot
Key tax obligations for California LLCs.
California has an $800 minimum annual franchise tax on all LLCs (even with zero revenue). Personal income tax rates up to 13.3% (highest in the US). State sales tax 7.25%; combined rates 8.25–10.75%. Additional LLC fee for income over $250K.
California LLC — Watch Out For
The $800 minimum franchise tax applies to all LLCs — even with zero revenue. The first-year exemption expired after 2023.
You must file a Statement of Information within 90 days of formation (separate from the Articles of Organization) — a step many founders miss.
California's combined sales tax rates can exceed 10% in many cities.
If your LLC earns over $250K in California-sourced income, you owe an additional LLC fee on top of the $800.
Suspending your LLC with the Franchise Tax Board doesn't eliminate accumulated unpaid taxes — they continue to accrue.
California LLC — Frequently Asked Questions
How much does it cost to form an LLC in California?
The filing fee is $70 for Articles of Organization plus $20 for the Statement of Information ($90 total in state fees). But budget for the $800 annual franchise tax due within 3.5 months of formation.
How long does it take to form a California LLC?
Standard processing takes 5–7 business days. Expedited options: 24-hour ($350 extra) or same-day ($750 extra).
Do I need an operating agreement for a California LLC?
Yes — California is one of the few states that legally requires one (Cal. Corp. Code § 17701.10). It doesn't need to be filed with the state.
What is the $800 franchise tax?
All California LLCs must pay $800/year to the Franchise Tax Board, regardless of revenue. It's due by the 15th day of the 4th month after formation, then annually.
Can I avoid the California franchise tax by forming in another state?
No. If your LLC does business in California, you must register as a foreign LLC and pay the $800 franchise tax anyway. The tax applies to any LLC "doing business in, organized in, or registered in" California.
Related Resources
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