Legal Question in Business Law in California

Pretty much the same as forming a new LLC. Is this a foreign company meaning a company in a foreign country or another U.S. state?

Hello:

It may be a fairly easy process, but without additional information it is impossible to properly advise you on all the steps that need to be taken. Further, you will not be able to gather all of the information from posting a question web site, but it is a good start, I recommend that you contact an attorney to properly review your company's information so he/she can properly advise you and prepare the appropriate documentation. This should be fairly inexpensive, but something you should do. Please feel free to call me for a free initial consultation. I look forward to speaking to you.

The following is from the Secretary of State's website:

A foreign business entity can qualify/register to transact business in California by filing the applicable form (as described below) with the California Secretary of State. The forms described below are available on our Forms, Samples and Fees webpage. Please refer to the form for complete filing instructions, fees, any additional requirements and relevant statutory filing provisions:

�Corporation: File a Statement and Designation by Foreign Corporation (Form S&DC;-Stock/Nonprofit, Form S&DC;-Professional or Form S&DC;�Insurer) and attach to the completed form a valid certificate of good standing by an authorized public official of the foreign jurisdiction under which the foreign corporation is incorporated.

�Limited Liability Company: File an Application to Register (Form LLC-5) and attach to the completed form a valid certificate of good standing by an authorized pubic official of the foreign jurisdiction under which the foreign limited liability company is organized.

�Limited Partnership: File an Application for Registration (Form LP-5) and attach to the completed form a valid certificate of good standing (or other record of similar import) by an authorized public official of the foreign jurisdiction under which the foreign limited partnership is organized.

�Limited Liability Partnership: File an Application to Register a Limited Liability Partnership (Form LLP-1) and attach to the completed form a valid certificate of good standing (or other record of similar import) by an authorized public official of the foreign jurisdiction under which the foreign limited liability partnership is organized.

To ensure that all issues are considered and addressed appropriately, you should consult with private legal counsel prior to submitting qualification or registration documents to the California 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.

It depends upon what you mean. There are at least two possible interpretations of your question.

First, if the "foreign company" is an LLC already formed in another U.S. state, it would need to qualify to do business in California by completing and filing a Secretary of State Form LLC-5 and then paying California's franchise tax.

If, on the other hand, the "foreign company" is not an LLC in another U.S. state, it would need to form a California LLC from scratch, which is almost as easy - it would complete and file SS Form LLC-1.

There are other requirements in either case, but these would be the basic steps. The Secretary of State's office can provide the new business with a list of requirements that do, or may, apply to its operations here.