Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

The California Secretary of State said that there is a big…

The California Secretary of State...
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.
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
10/19/2017
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,601
Experience: Retired
Verified

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.

Hope this helps and thanks for using Justanswer!

Ask Your Own Legal Question
Customer reply replied 4 months 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 4 months 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: 39,601
Experience: Retired
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,601
39,601 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does a lender for a loan on a rental building that is
Second opinion] does a lender for a loan on a rental building that is personally owned ask for the personal bank statements to verify rental income and expenses?… read more
Lori
Lori
Juris Doctor
647 satisfied customers
In texas what is the maximum late fee on a judgment loan.
linda in texas what is the maximum late fee on a judgment loan … read more
Lori
Lori
Juris Doctor
647 satisfied customers
Both names on loans and titles of vehicles. Divorce decree
Both names on loans and titles of vehicles. Divorce decree states I got one car and loan, he got other. I can not afford car and wanted it repoed. Exhusband took car. Wants me to sign off on title but… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,216 satisfied customers
A pay day loan business had a employee take a false loan
a pay day loan business had a employee take a false loan under my name … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
Internet service provider contract. If the contract just
internet service provider contract. If the contract just started or is about to start, can I back out of the contract. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,672 satisfied customers
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE SIGNED FOR YEARLY IN KENYA … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I currently have a personal loan (title is held not
I currently have a personal loan (title is held not registered with state) that is "defaulted" I'm not really sure of the status as the loan originator passed away and the loan is with his estate. My … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
I took out a loan with a title loan company, I defaulted and
I took out a loan with a title loan company, I defaulted and they took my car. Legally what are my rights. Can I pay off the loan and get my car back. The loan was for $3,000 and the car is worth $30k… read more
Lori
Lori
Juris Doctor
647 satisfied customers
I have about $33,000 in student loan debt, and personal loan
i have about $33,000 in student loan debt, and personal loan debt, plus credit cards for a total of $60,000. I am 58 years old, just retired and I've moved to Mexico. I have a pension of $48,000 per y… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
I am a cosigner on a loan. It was with my girlfriend at the
I am a cosigner on a loan. It was with my girlfriend at the time to help yet pay of student debt to be able to go back to school. Nearing the end of the relationship we made an agreement to get rid of… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,917 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
11,059 satisfied customers
I am applying for loan. Bank approved loan. Now remaining is
I am applying for loan . Bank approved loan . Now remaining is SBA approval. I have question for the lawyer who can a divide in process of filling the forms for that … read more
Lori
Lori
Juris Doctor
647 satisfied customers
I have a contract with a Car Tilt loan company in AZ based
I have a contract with a Car Tilt loan company in AZ based in GA.. They did not abide by the contract..... they failed to send certified letter according to their contract. They are now offering a one… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
I loaned a company $35,000 I have a contract. No payments.
I loaned a company $35,000 I have a contract. No payments. I'm in California … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
The California Secretary of State said that there is a big
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 Cal… read more
socrateaser
socrateaser
Lawyer
39,601 satisfied customers
I entered a contract with a loan broker to assist me in
Hi, I entered a contract with a loan broker to assist me in getting an SBA loan for contruction/business start-up. We paid $1250 which was 50 percent of his due diligence fee. The other 50% was due up… read more
LegalGems
LegalGems
Juris Doctorate
11,059 satisfied customers
If a Massachusetts Corporation files w/ Secretary of State a
If a Massachusetts Corporation files w/ Secretary of State a name change of the corporation, does the newly named corporation ( same Articles of incorporation still in effect - not changed or amended … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
Can I be held liable for a auto loan contract if the finance
Can I be held liable for a auto loan contract if the finance co.can't get the title to the auto due to fraud committed by the dealer? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,839 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x