| Forms to use | |
Select a Name |
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| Your proposed business name |
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- Must be acceptable to the California Secretary of State; i.e. not
misleading,
and clearly distinguishable from other LLC names
- Cannot infringe upon someone's trademark or tradename. The Secretary of State's office
will not confirm this; it is YOUR responsibility to do this.
- Must contain the words LLC, Limited Liability Company, Ltd, Liability Co., or L.L.C.
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| These professions cannot form an LLC |
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Anyone in the following businesses or professions cannot form LLCs. The state has determined
that the owners are inherently liable for business activities. Often, they are allowed for form
LLPs (limited liability partnerships) with different liability protection from LLCs.
Contact your licensing board for
more information.
Accountancy
Acupuncture
Behavior Science Examiners
Chiropractor
Clinical Social Work
Dental
Law
Marriage, Family, Child Counseling
Medical
Nursing |
Optometry
Osteopathy
Pharmacy
Physical Therapy
Physicians Assistant
Podiatry
Psychology
Shorthand Reporters
Speech Pathology and Audiology
Veterinarian
Yacht and Ship Brokers |
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| What to do |
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- Choose several potential names. You must have Limited Liability Company,
LLC or L.L.C. at the end of the name. You may abbreviate Limited as "Ltd." and Company as "Co."
- Mail your request with up to four names in preferential order to Sacramento with the
required fee.
- Include a check or money order for $10 made payable to the Secretary of State.
The Secretary of State's office will check your names and reserve the first available one.
- If none of the names are available, they will return your check...and you can start over again.
- This process usually takes one or two weeks.
- Do not send cash!
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| If your name has been taken |
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You can either find a new name, or if your "perfect name" won't infringe
on an older company's trademark or trade name, you can file a fictitious name statement using
your "perfect name" and use a "boring" name for your legal LLC name. Here's what to do.
- Choose any "boring" name and reserve it with the Secretary of State.
- Satisfy yourself that your perfect name will not infringe on an older company's trademark
or trade name. If there is any evidence that another company is already using that name,
please contact an attorney to determine whether your use will be infringing on them.
- Assuming that there are no infringement problems, visit the County Clerk's office
and check their fictitious names records to verify that another business has not registered
your "perfect name" in your county. If not, you may then file a fictitious name
statement and conduct your business using your "perfect name."
For example, supposed your perfect name is "Joe's Hamburgers" but the name is already
taken by another California LLC. You can organize as Alpha LLC. Then, after assuring
yourself that you will not infringe on any other company with the name "Joe's Hamburgers,"
and no other business has filed the fictitious name in your county, you can file a fictitious
name in your county for "Joe's Hamburgers." Once filed, you can legally conduct business
as Alpha LLC, dba Joe's Hamburgers. Dba means doing business as. Note: You only have to use
your full name, Alpha LLC, dba Joe's Hamburgers for legal and tax purposes. To your customers,
you will be Joe's Hamburgers. |
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| Non-California businesses |
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If your true name is already taken in California, contact the Secretary of State's
office for assistance. Your business may have to be registered using a fictitious name
at the state level. |
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| What to do |
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$10 check or money order made payable to the Secretary of State. Mail the reservation
form to:
Secretary of State
Name Availability Unit
1500 11th Street, 3rd Floor
Sacramento, CA 95814
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| Cost |
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$10 check or money order made payable to the Secretary of State. |
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| Other businesses can use your name without LLC |
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Filing Articles of Organization with the Secretary of State only protects your
full legal name (with LLC) from being used as the name of another California LLC.
If you want to protect your business name from being used by others, you should consider
registering it as a trademark or a service mark. Simply registering it as a trademark however,
is not sufficient. You must consistently and continually use the trademark and watch for, and notify
possible infringes of your trademark. Please consult a business attorney for further information.
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| 60 day deadline
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Your name is reserved for 60 days. If your Articles of Organization
aren't filed by then, you must start again, and re-reserve the name with the Secretary of State.
The law requires that you wait one day after your name reservation has expired to re-reserve the name.
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| Questions? |
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Visit
http://www.sos.ca.gov/business/be/contact.htm or call the California Secretary of State's Office at
(916) 657-5448. |
