Frequently Asked Questions
Can I be my own registered agent in California?
Yes, an individual can act as the registered agent for their own LLC in California. However, you must be a resident of California, at least 18 years old, and you must list a physical street address in the state (no P.O. Boxes). Keep in mind that your address will become part of the public record.
Can an LLC be its own registered agent?
No. Under California Corporations Code, a corporation or an LLC cannot serve as its own registered agent. You must designate either an individual or a registered corporate agent (a company authorized to provide registered agent services in California under Section 1505).
What happens if I don't maintain a registered agent?
Failing to maintain a registered agent can have severe consequences. If you do not have a valid registered agent on file, the California Secretary of State can suspend your LLC's powers, rights, and privileges. This means your business will not be able to legally operate, enter into contracts, or defend itself in court. Additionally, you may miss critical legal notices or tax documents, potentially resulting in default judgments against your company.
How do I change my registered agent in California?
To change your registered agent, you must file a new Statement of Information (Form LLC-12) with the California Secretary of State. There is a $20 filing fee. This can easily be done online through the bizfileOnline portal.
What is the $800 Franchise Tax?
Every LLC that is doing business in California or is registered to do business in California is subject to an $800 minimum annual franchise tax, payable to the Franchise Tax Board (FTB). This tax is due by the 15th day of the 4th month after the beginning of the tax year. Note that there was historically an exemption for the first year, but you should consult a tax professional or the FTB website to confirm current exemptions and rules.
What forms do I need to file to start my LLC?
To officially form your LLC in California, you must file the Articles of Organization (Form LLC-1). Within 90 days of formation, you must also file the Statement of Information (Form LLC-12) to disclose your LLC's managers, members, and confirm your registered agent.