Perhaps you are considering starting a business in California. Unfortunately, setting up your business correctly requires more than just a smart idea and hard work. Forming a business in the Golden State is a legal process that often requires legal assistance to ensure that the business is set up properly and that it satisfies local, state and federal business regulations. Failure to properly file the necessary forms to properly register your business could lead to legal problems with the government that could threaten your dream business before it even gets off the ground.
To avoid any issues forming your business, take the time to speak with a California business formation lawyer from Business Estate & Tax Attorneys, P.C. Our highly experienced attorneys have a deep understanding of the steps that are required to satisfy registration for a new business in California. We can help you formulate the right strategy to fit your needs. Learn more by calling any of our four locations in California or filling our online form.
Forms Needed to Create A Business in California
There are several forms required to create any type of business in California, no matter what structure is chosen for the business. Among the necessary forms are the following:
- General business license – Every business in California must have a basic license from the city where the business is based. If your business is located in an unincorporated part of the state, you can obtain a business license from the California county where you have your principal place of business.
- Tax forms – If you’re going to sell goods, you must register your business with the California Department of Tax and Fee Administration. If your business has employees other than yourself, you’ll have to register with the California Employment Development Department.
- Employer Identification Number (EIN) – If your business employs anyone other than yourself or the business is taxed separately from your personal income, you’ll need an Employer Identification Number from the IRS. Even if an EIN is not legally required, it’s often a good idea to get one to make it easier to do business with banks and to process payments from other merchants. You can get a free EIN by filing an online application with the Internal Revenue Service.
- Regulatory licenses and permits – There are various health and safety regulations, environmental rules, and other permits you may l need, depending on the type of business you intend to operate and where your business is You can learn more about the different licenses or permits you’ll need by visiting the California Governor’s Office of Business Development.
- Professional and occupational permits – Doctors, lawyers, and certain other professions must first meet specific license requirements and be issued a license before they can open and conduct
Take the time to carefully identify the registrations, licenses and filings that will be necessary for your business to operate legally in California.
Business Entity Specific Forms
In addition to the foregoing, there are also a few forms that are specific to the type of California business entity chosen, which are discussed in more detail below:
- Corporations – Articles of Incorporation
- Limited Liability Companies – Articles of Organization
- Limited Partnership – Certificate of Limited Partnership
- General Partnership – Statement of Partnership Authority
- Limited Liability Partnership – Application to Register a Limited Liability Partnership
Corporate Articles of Organization and other filings
California requires the filing of Articles of Organization with the Secretary of State’s office to form a limited liability company. You must prepare these forms carefully to avoid business formation delays and other administrative burdens. You can read more about the necessary state business formation forms, including the California Statement of Information and other regulatory requirements, on the website for the California Secretary of State.
Different registration filings are required to create corporations, limited partnerships, general partnerships and limited liability partnerships under California law. It’s important to file the correct forms for the chosen business entity. You will want to ensure that you are properly registered with the state so that your business can operate with legal authority while also protecting its assets and its owners from unwanted legal liabilities.
Registering Your Business in California
You can register the name of your business online for a period of up to 60 days while you prepare the rest of the necessary paperwork. You can also check your proposed name against existing business registrations in the California database. Assistance from a qualified business attorney can speed the process of registering your business.
How BETA Can Help
Problems with your paperwork filings can lead to costly delays and significant legal headaches. Getting help from one of the lawyers at Business Estate & Tax Attorneys, P.C. can help you avoid hassles so you can focus on running your business. Whether you’ve already got a Certificate of Formation, an LLC business license, or you are still reflecting upon your idea for a new business, we’re available and prepared to respond to your questions about starting a business in California. Get in touch by calling any of our offices or by visiting our contact page.
Disclaimer: The information in this article is for general purposes only, and it is not intended as a substitute for legal advice.