LLC (Limited Liability Company) Pre-Formation Checklist

Organizational Tasks

  •  Select name. Check with Secretary of State on availability of name and reserve it with Secretary of State. See Corp C §201(c).
  • Obtain approval, if necessary, from appropriate licensing board for use of fictitious business name.
  • Prepare and file Articles of Incorporation(Secretary of State Form LLC-1) with the Secretary of State
  • Prepare and execute the written operating agreement
  • File a Statement of Information (Secretary of State Form LLC-12) with the Secretary of State

 

Federal Tax Registrations

  • Obtain an FEIN from Internal Revenue Service
  • File tax classification election (partnership or corporation) with the Internal Revenue Service

 

Registration to Do Business in California for Foreign Entities

  • Statement and Designation by Foreign Corporation
  • Registration of Foreign Limited Partnership (Form LP5)
  • Application for Registration (Form LLC5)

 

Employment Development Department Registration

  • Registration Form for Commercial Employers (EDD Form DE1)
  • Registration Form for Agricultural Employers (EDD Form DE1 AG)
  • Report of New Employee(s) for certain industries (EDD Form DE-34)

 

Immigration and Naturalization Service

  • Employment Eligibility Verification (INS Form I9)

 

City Licenses and Registrations

  •  Various forms available from city business license office
  • Seller’s Permit –  If required, obtain a seller’s permit from the Board of Equalization – California Seller’s Permit Application—Individuals/Partnerships/Corporations/Organizations (Regular or Temporary): Form BOE-400-SPA

 

Other Taxes

  • Application for Registration — Excise Taxes (Corporation/Limited Liability Company (LLC)/Organization: Form BOE-400-ETC
  • California Excise Tax Permit Application for Individuals and Partnerships: Form BOE-400-ETI
  • Application for Distributor’s Cigarette and Tobacco Products License: Form BOE-400-LD
  • Application for Retailer’s Cigarette and Tobacco Products License: Form BOE-400-LR
  • Application for Wholesaler’s Cigarette and Tobacco Products License: Form BOE-400-LW
  • Fuel Tax Fee Account Number, License or Permit Application: Form BOE-400-FTA
  • Registration for Motor Vehicle Tax (DMV)
  • Special occupational tax (federal) (Alcohol and Tobacco Tax and Trade Bureau Form TTB F 5630.5d (alcohol) or Form TTB F 5630.5t (tobacco))

 

Securities Filings

  • If required, file for registration, qualification, or exemption under the securities laws

 

State Lottery Seller

  • Registration with state lottery

 

Involved in Construction, Reconstruction, Planning and Zoning

  • Various forms available from local planning departments

 

 

Getting Legal Help

AXIS Legal Counsel’s Business and Corporations Practice provides legal advice to numerous businesses with a wide range of business matters. Axis  represent small, medium-sized, and large business clients with a wide variety of business and corporate law matters. We represent early-stage companies as well as established businesses on a wide variety of business law matters, ranging from contracts and transactions, intellectual property, labor/employment law, business financing, mergers and acquisitions, real estate, insurance, business succession planning, and general advice and counsel.  For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact info@axislc.com or call (213) 403-0100 for a confidential consultation.

 

Our Business & Corporations Practice 

Labor & Employment Practice Areas

  • Corporate Law
  • Small Business
  • Contracts & Agreements
  • Labor & Employment
  • Intellectual Property
  • Shareholders
  • Directors and Officers
  • Mergers & Acquisitions
  • Business Sales
  • Business Disputes
  • Securities Law
  • Cryptocurrencies
  • Employment Law
  • Employment Agreements
  • HR Policies and Procedures
  • Independent Contractors
  • Wage & Hour Compliance
  • Paid Sick Leave Compliance
  • Executive Compensation Agreements
  • Stock Option Agreements
  • Minimum Wage & Overtime Compliance
  • FLSA Compliance
  • California Industrial Wage Order Compliance

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