There are 3 basic options: a DBA, a Corporation or an LLC.
A DBA or “Doing Business As” (also known as a “Fictitious Business Name” or FBN) is not really a separate structure, but just a different name that an individual or partners use as their business name.
An LLC or “Limited Liability Company” is a newer type of business that is both a separate entity but provides very easy management (doesn’t require directors or officers) and taxation. LLC has become the most popular type of business because it provides liability protection but with much less complexity (and taxation) than a Corporation. LLCs are registered with the California Secretary of State LLC Division.
- File an Articles of Organization Form LLC-1 with the California Secretary of State LLC Division.
- Once the articles are filed and approved you will need to issue member certificates, adopt the operating agreement and complete other tasks.
A Corporation is a separate entity (provides liability protection to the owners) that has a structure that includes shareholders, directors and officers. More complex than a DBA but the entity of choice for large companies and startups that intend to raise funding. Some professions are required to choose what is known as a “Professional Corporation” or PC (doctors, lawyers, architects, etc.) Corporations are registered with the California Secretary of State LLC Division.
- File an Articles of Incorporation form ARTS-GS with the California Secretary of State Corporation Division.
- Hold an organizational meeting to determine the percentage of ownership for each shareholder.