The guidelines provided by the Secretary of State require all companies to perform a California business entity name search prior to establishing an LLC.
The guide’s sole purpose is to help you in figuring out if you are able to use your desired business entity name in California. While it is critical to take the state regulations into account before finalizing your LLC name, your extensive research is there to make sure that the name is unique and that none of the other companies in California have taken it.
1. Discover the Guidelines for Naming an LLC
Before deciding on your business entity name, we strongly advise that you double-check that it complies with the state’s requirements.
In fact, the first and most essential step of the process is coming up with a business name. It’s critical to remember that you should pick an LLC name that meets California’s guidelines and can be easily found online by your potential customers.
In summary, the following are the naming guidelines:
- The abbreviations (LLC or L.L.C.) or "limited liability company" should appear in your company’s name.
- It is important to prevent potential confusion between your limited liability company and governmental institutions like the Treasury while choosing an entity name.
- Additional paperwork or the services of a licensed professional like a lawyer may be necessary if your name mentions restricted words like Bank or Attorney.
- Check out the Code of Regulations in California to be familiar with the complete list of naming guidelines.
2. Conduct an LLC Name Search in California
You may look at the Entity Search in order to check the California LLC name availability of your desired entity name.
Consequently, to perform a fruitful California LLC search, pick the right “Search Type,” then enter the name that you aim to use, omitting identifiers such as “LLC.” This will return all entities with names that are the same or similar. If your company name consists of several words, you can limit your search to the first two words to ensure that you find all possible similar names.
To avoid rejection, our team suggests that you perform your California LLC lookup thoroughly before completing your paperwork.
What To Do If Your Preferred Name Is Unavailable
You performed the California business search and there it was – your preferred name was already in use. So, what’s next?
If you form your LLC in California, your only option is to think creatively and come up with a new legal name. It is critical to remember that your name should not look to be too similar to the one you previously chose. After you’ve picked a distinctive and legal LLC name, reserve it as soon as feasible.
Whereas for foreign entities, the procedure may become more difficult.
While your LLC’s name may be well-known in other states, due to the name availability requirement, you may be unable to use it in California. As a result, you’ll need to create a “fictitious name,” or one that can only be used in the state.
3. Find Web Domain Names
Choosing the appropriate domain name to match your business name is a substantial aspect to take into account. This minor detail can significantly affect your potential customer’s ability to find your company online.
Moreover, you can check the availability of your desired web domain name by searching the domain registry of your choice, including GoDaddy.
Find a Domain Now
4. Reserve Your LLC Name in California
All LLC naming questions and requests are managed by California’s Secretary of State’s Business Entities Division. The state enables 60-day business name reservations.
The California LLC name reservation can be renewed, but only once every 60 days. Each 60-day period must be separated by at least one day. At the moment, only applications submitted by mail or in person at the Secretary of State’s Sacramento or Los Angeles regional offices are accepted. There is no way to email or reserve a business name online.
You must pay a filing fee when reserving your name. Make checks payable to the “Secretary of State.” In-person drop-off applications are subject to an additional special handling fee, which must be paid separately by check.
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Additional Considerations
Apart from your state’s naming guidelines, there are other substantial factors that you should take into account when choosing your business name. Apart from the California LLC name search, extensive research is always helpful; thus, our team suggests that you perform thorough research through Social Media and Trademarks, and you can rest assured that you are able to take your desired business name.
Search for a Trademark
Searching for a trademark will assist you in developing several aspects of your business, including the name, logo, and even a slogan. It will also allow you to avoid costly and potentially costly litigation. As a result, discovering that other business entities have trademarked the name that you have chosen does not automatically preclude you from taking it.
However, identifying the limited liability company that holds your desired entity name, as well as their industry and location, is critical to ensuring that you do not inadvertently violate the business owner’s property rights.
The steps for conducting a trademark search are as follows:
- Check the California Secretary of State’s website for trademark records to see if your chosen name or associated slogan is already in use by another entity in California.
- Search the United States Patent and Trademark Office’s records for local trademarks associated with your potential business entity name.
Search via Social Media
Finally, it is critical to have a memorable and readily available business name on social media platforms. This is possible with the help of online tools such as Namecheckr, which allows you to search across all social media platforms at the same time.
Conclusion
The first and most important step in forming an LLC in Alaska is deciding on a name. You may proceed as long as the name is legal and distinguishable from the other California LLC companies in the state.
After conducting a California Entity Search and deciding on an LLC name, you may want to choose a domain name that complements it to help your clients find your firm online.
You may distinguish yourself from the competition simply by completing the California LLC name reservation form. Securing your chosen business entity name might help you with the next stages in establishing your company in California.
Follow the steps before in order to form your LLC in California.
- Choose your California LLC name. Conduct a California Secretary of State business search and discover the naming requirements before making your final decision.
- Submit the Articles of Organization to the Secretary of State. You will be required to file Form LLC-1 to the Secretary of State. This must include the LLC name, its purpose, information on how it will be run, its address, and the name and address of its registered agent.
- Assign a registered agent. In California, all limited liability companies must have an agent who can handle process service; this can be a person or a firm that takes legal paperwork on behalf of the business.
- Make a decision on member vs management. You will need to clearly state the management structure of your LLC and how it will be operated.
- Create an Operating Agreement. This step is strongly recommended even though it is not required. This is a document that outlines how the LLC will operate, how it will be managed, and the rights and responsibilities of each employee.
- Submit a biennial report. Within 90 days of filing their articles of organization, every domestic and international LLC registered in California must file a Statement of Information, Form LLC-12, with the Secretary of State. Then every two years, a Statement of Information must be submitted (biennial). The statement can be filed online, by mail, or hand delivered to the California Secretary of State. The filing fee is $20.
- Pay state taxes. All domestic and international LLCs must pay California Franchise Tax Board taxes (FTB). This includes the annual minimum tax ($800), the filing procedures, and the additional taxes that are based on the total annual income.
- Check tax and regulatory requirements. Apart from the typical tax obligations, there are additional considerations, such as obtaining an EIN, a business license, and registering your LLC with the right taxing authority.
According to the naming guidelines of the Secretary of State, your California LLC name must include the following:
- Limited Liability Company;
- LLC; or
- L.L.C.
Your LLC’s name shall not include any words or phrases that imply or signify that it is created for a purpose other than its services.
In order to form your LLC in California, all business owners must submit articles of organization. You must alter your articles of formation to change the name of your LLC. Fill out and return the Limited Liability Company Certificate of Amendment form to the Secretary of State’s office by mail or in person.
The following must be completed before a change to the LLC’s articles of organization should be done:
- Holding and recording a formal meeting of the LLC’s members (or, in the case of a corporation, the board of directors) to address this modification.
- Filing the original, plus two copies, of the Certificate of Amendment of the Articles of Incorporation, or Amended and Restated Articles of Incorporation, with the California Secretary of State in accordance with sections 900–910 of the California Corporations Code.
Each state has a secretary of state or equivalent governmental office in charge of business entity filings. In most states, the state business filing agency’s website contains an online California LLC name check tool.
To conduct a California LLC name search, you may use the online tool to see whether another company is already using the name you’ve picked.
If you stumble upon a business with a similar name, check your state’s particular business naming regulations to see if the resemblance will prevent you from using the name you opt for using.
- The California LLC fee is $85, which must be paid to the Secretary of State. In addition, a charge of $20 is required for the statement of information, which must be provided within 90 days after the creation of the LLC.
- A small business license will usually cost between $50 and $100, and your LLC may also require industry-specific business permits.
Your fictitious business statement must be renewed every five years. This form allows you to conduct business under a name other than the one indicated in the Articles of Organization of your LLC. Also, you will be required to pay a renewal fee.
Sole proprietors, LLCs, partnerships, and corporations must obtain a DBA in California if they want to use a different name in the operation of their company, according to the Secretary of State’s guidelines.
This might let you keep your own name out of the business title if you wish, or it may be required if your LLC name indicates several owners.
What's Next?
Now that you have your entity name, it's time to take the next steps to establish your California LLC. Check out our full guide on how to form an LLC in California, where we can guide you every step of the way.
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