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The California Secretary of State said that there is a big

difference between filing Articles of...
The California Secretary of State said that there is a big difference between filing Articles of Organization and forming an LLC in California. Question; Does a LLC have to be completely formed in California before it can do any legal business in it name, such as entering into and signing contracts with other LLC and Corporations and people, can it making and get loans in its name, and can it sue other people in its LLC name.
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Answered in 1 hour by:
10/19/2017
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,385
Experience: Retired (mostly)
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Hello again,

As previously explained, an LLC can do business after filing the articles of organization. That is the only requirement for legal formation. The statement of information form must be filed annually with the required fee, but the failure to file only results in the FTB issuing a bill for the unpaid fees and penalties as if it were income taxes owed by the LLC. Until the LLC is notified that it is suspended by the FTB or Secretary of State, it can legally conduct business, after filing the articles of organization.

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Customer reply replied 1 month ago
Can you give me some California law or other California State rules that confirm that in California a California LLC only has to file California’s articles of Organization to use the name and legally operate as a LLC.
I need to know this because there are a group of people here in California that are only filing the “Articles of Organization” to get the LLC name. 90% of Everything else had been filed out wrong, the wrong address for the LLC, and agent for service, Articles of Organization never stating who the member or managers are, the correct address of the LLC, never giving any other information as to anything you can use to located the LLC or its members or managers or agent for service and all the address they listed on the Articles of Organization no one knows them. They are using the LLC name in the Articles of Organization to steal real estate and cash. And they have used false deeds to steal the charity’s real estate, and conveyed the property to another fake LLC. And when the police were called the LLC had no members or managers or officers or agent for service or good a good address to tied any one to this LLC anywhere in the LLC state recorded files for the police to look for, because there is only the document called the Artificial of Organization with the correct name of the LLC they are using to commit crimes.
Customer reply replied 1 month ago
The state has other document that they require that has all the necessary information to Identify who the officer are, who the managers are, who the agent for service is, what money has to be paid when and to who and the list goes on an on. The Article of Organization is just the first step of many more that need to be filed with the state agency's to be Law fully operating as a California LLC.

Cal. Corps. Code Section 17702.01

(d) A limited liability company is formed when the Secretary of State has filed the articles of organization.

(e) Except in a proceeding by this state to dissolve a limited liability company, the filing of the articles of organization by the Secretary of State is conclusive proof that the organizer satisfied all conditions to the formation of a limited liability company.

Thanks for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,385
Experience: Retired (mostly)
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