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Ask HN: When does a California Corp Commence? CA's 2 month processing backlog

2 points by cvg ↗ HN
I'm thinking of starting a California llc, but noticed that there is a huge processing backlog (nearly two months), http://www.sos.ca.gov/business/be/processing-times.htm .

Does anyone know when a corporation exists? Is it when they receive my filing or when they process it?

2 comments

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cvg
Just found that the code says "The existence of a limited liability company begins upon the filing of the articles of organization." Can I read this literally, the corp exists once I mail the docs in?

http://law.justia.com/california/codes/2009/corp/17050-17062...

anigbrowl
Yes; if there's something wrong with your application or the check doesn't clear you'll get a letter warning you to rectify the problem or see the registration canceled.

If you're not going to use an attorney, which you should, then at least write/email the SoS office to verify specifics like this. Don't forget you'll also need a city or county business license, will need to file a fictitious name statement and have it published in a newspaper of record, and so on. How much of your time will these tasks consume, and is that time worth more than the cost of having it done by a licensed professional?

IANAL btw but there are several California lawyers here on HN.