Business Formation

Costa Mesa Business Formation Lawyer

Experienced Representation with a Personalized Approach in Irvine, CA

Attorney Joyce Komanapalli Jones is an experienced and reliable litigator who has significant experience in business formation in California. She has worked with clients seeking to form corporations, LLPs, and non-profits alike, and she will work personally with you to develop a unique application to register your business in California.

Contact the team at the Law Offices of Joyce Komanapalli Jones online or by calling us at (949) 264-0323 today!

Corporate Formation

There are specific requirements for forming a corporation in California. Individuals who seek to form a corporation must take the following steps:

  • Choose a corporate name.
  • File articles of incorporation.
  • Appoint a registered agent.
  • Prepare corporate bylaws.
  • Appoint directors and hold first board meeting.
  • Issue stock.
  • File a Statement of Information.
  • Comply with California tax and regulatory requirements.

Note that the corporation's name must not be the same as, or too similar to, an existing name on the California Secretary of State's records, or misleading to the public. The corporation's name may, but do not need to, include the words "Corporation," "Incorporated," or "Limited" or an abbreviation of one of those words.

The corporation is legally created after filing the Articles of Incorporation-General Stock (Form ARTS-GS) with the California Secretary of State. The articles must include the corporate name; the corporation's street address and mailing address; the name and street address of an agent for service of process; and the number of shares the corporation is authorized to issue.

What is a Registered Corporate Agent?

A registered corporate agent is the person designated by the business or corporation to receive service of process (if you’re being sued) and other communications. A registered agent is required in states where your corporation is registered to do business with the secretary of state.

Who Can be a Registered Corporate Agent?

An appointed registered agent may be an individual who resides in California or a corporate agent that has filed a Registered Corporate Agent for Service of Process Certificate with the Secretary of State. Note that the agent must have a physical street address in California. Small corporations typically name a director or officer to serve as the initial agent and may name a different agent later.

Contact the team at the Law Offices of Joyce Komanapalli Jones at (949) 264-0323 today.

LLP Formation

A limited liability partnership (LLP) in California is governed by state law and must be registered with a state office. To form an LLP, an individual must:

  • Name the LLP.
  • File a registration.
  • Appoint an agent for service of process.
  • Prepare a partnership agreement.
  • Get an Employee Identification Number (EIN) from the IRS.
  • Register to pay taxes.
  • Obtain relevant business licenses.

Be aware that the name of a California LLP must contain the words “Registered Limited Liability Partnership” or “Limited Liability Partnership” or one of the abbreviations “L.L.P.,” “LLP,” “R.L.L.P.,” or “RLLP” as the last words or letters of its name.

Registration of an LLP must include:

  • the official name of the new LLP;
  • the street and mailing address of the LLP’s principal office;
  • the name and street address of the LLP’s agent for service of process (registered agent);
  • a brief statement of the business in which the partnership engages; and
  • a statement that the partnership is registering as a registered limited liability partnership.

Additionally, depending on what kind of business the LLP is and where it is located, business owners may need to obtain local or state business licenses for the LLP, such as licenses related to:

  • their profession;
  • specific goods or services they’ll sell or provide;
  • an assumed or fictitious name for the business; or
  • health and safety matters.

Non-Profit Formation

Most nonprofits are 501(c)(3) organizations, which are related to religious, charitable, scientific, literary, or educational purposes and are eligible for federal and state tax exemptions. To create a 501(c)(3) tax-exempt organization, individuals must first form a California nonprofit corporation. Generally, the steps for creating a nonprofit in California are:

  • Choose the initial directors for the corporation.
  • Choose a name for the California non-profit corporation.
  • Prepare and file the nonprofit articles of incorporation.
  • Prepare bylaws for your California nonprofit corporation.
  • Hold a meeting of your board of directors.
  • Set up a corporate records binder.
  • File your Form 1023 federal tax exemption application.
  • Obtain your California state tax exemptions.
  • Other state reporting and registration requirements.

The name for the non-profit corporation cannot be the same as or too similar to an existing corporation name on record with the California Secretary of State. Note that individuals can reserve a name for 60 days by filing a Name Reservation Request Form, which will prevent another corporation from registering the name while the individuals prepare and file their articles.

The articles of incorporation must include basic information including:

  • the name of your nonprofit;
  • the following statement: "This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for (public or charitable [insert one or both]) purposes";
  • the name and street address in California of the corporation's initial agent for service of process;
  • the initial street and mailing addresses of the corporation.

Note that to receive tax-exempt status from the IRS and the state, applicants will need to provide:

  • a statement of purpose that meets IRS requirements;
  • statements that the non-profit will not engage in prohibited political or legislative activity; and
  • a dissolution of assets provision dedicating their assets to another 501(c)(3) organization upon dissolution.

Questions About Forming Your Business?

If you seek to form a business in California, whether a corporation, LLP, or non-profit, you will need to take a number of important steps to legalize your business. An experienced attorney can better help you navigate the legal process, including preparing the required application documents, appointing a registered agent, and handling any tax regulations. Attorney Joyce Komanapalli Jones has significant experience working with business owners and can provide you the professional guidance you need to form your business in Costa Mesa, California.

Schedule a free consultation with the Law Offices of Joyce Komanapalli Jones online or at (949) 264-0323 to learn more today.

Why Choose the Law Offices of Joyce Komanapalli Jones

  • Experienced

    Attorney Joyce Komanapalli Jones has over 15 years of experience. She is committed to promoting peace, stability, and freedom for individuals and families throughout California while guiding them through the complexities of the legal system.

  • Responsive

    Communication is a key differentiator in our practice. We want you to feel informed about the status of your case every step of the way. Our goal is to never leave you guessing on where we are at with your case.

  • Personal Attention

    We sit down with every client to give them the personal attention their case needs. We want to build a relationship with you and understand the importance of fostering a comfortable environment.

Awarded & Top Rated

  • AVVO Client's Choice
  • Top Rated Lawyer 2020
  • Top Rated Lawyer 2021
  • Top Rated Lawyer 2022
  • Expertise 2022

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