What is a California Corporation?
A corporation is a legal entity that is created under the laws of a state designed to establish the entity as a separate legal entity having its own privileges and liabilities distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter (i.e. by an ad hoc act passed by a parliament or legislature). Most jurisdictions now allow the creation of new corporations through registration.
How do I form a business in California?
A business entity can be formed in California by filing the applicable document or form (as described below) with the Secretary of State. The document samples and forms described below are available on our Forms, Samples and Fees webpage. Please refer to the applicable document sample or form for complete filing instructions, fees, any additional requirements and relevant statutory filing provisions:
Corporation: File Articles of Incorporation. Samples of the most common types of Articles of Incorporation are provided. The samples have been drafted to meet the minimum statutory requirements and can be used as a guideline in preparing Articles of Incorporation to be filed with the Secretary of State to form a California corporation.
Limited Liability Company: File Articles of Organization (Form LLC–1).
Limited Partnership: File a Certificate of Limited Partnership (Form LP–1).
General Partnership: File a Statement of Partnership Authority (Form GP–1). Filing Form GP-1 is permissive. Note: A general partnership may record its partnership agreement at the county recorder’s office in the county where the general partnership is located.
Limited Liability Partnership: Once a general partnership, file an Application to Register a Limited Liability Partnership (Form LLP–1).
To ensure that all issues are considered and addressed appropriately, you should consult with private legal counsel prior to submitting formation documents to the Secretary of State.
Note: Many corporation, limited liability company and limited partnership documents are returned for correction without being filed because of name issues, errors, omissions or misstatements contained in the proposed filings submitted to this office. Filing tips have been drafted to assist with meeting the minimum filing requirements of the California Corporations Code.