LLC Attorney · California · Formation & Strategy

LLC Attorney

Delina Yasmeh advises California business owners on LLC formation, operating agreements, and entity strategy, built around how you actually make money, not a generic template.

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What an LLC Actually Does

Formation is the beginning. The operating agreement is what matters.

A California LLC limits your personal liability for business obligations, but only if the entity is properly maintained and your personal finances are genuinely separate from your business finances. Courts can pierce the corporate veil when owners treat the LLC as an extension of their personal accounts.

The operating agreement governs how your LLC runs: who has authority to make decisions, how profits are allocated, what happens when a member wants to leave, and how disputes are resolved. Without a properly drafted operating agreement, these questions are answered by California's default rules, which may not reflect your intentions.

Forming in Wyoming, Delaware, or Nevada rarely saves a California operator anything. California requires foreign qualification of any out-of-state entity doing business here, with the same $800 minimum franchise tax that applies to a California LLC. You end up paying two states' fees and administering an entity in two jurisdictions, with no tax savings to show for it. Delina forms the LLC where your operations actually live.

California charges an $800 annual minimum franchise tax on all LLCs, plus a gross receipts fee once revenue exceeds $250,000. These costs are real and predictable. Delina gives you the full picture before you form.

What Delina Covers

LLC formation and strategy built for your actual business.

LLC Formation & Filing

California LLC formation requires Articles of Organization, a registered agent, an initial Statement of Information, the EIN, and the FinCEN Beneficial Ownership Information report under the Corporate Transparency Act, plus the $800 minimum franchise tax regardless of whether you made money that year. The formation documents are calibrated to whether the LLC is member-managed, manager-managed, or board-governed.

Operating Agreement Drafting

The operating agreement carries most of the substantive work. California law does not require one, but without it your LLC is governed by state default rules that may not match your intentions. Delina drafts agreements that override the unfavorable statutory defaults with the rules you would have actually chosen: capital accounts, allocations and distributions, voting thresholds, transfer restrictions, and buy-sell mechanics.

Multi-Member & Buy-Sell Structures

Multiple members require explicit ownership percentages, voting rights, profit allocation, and buy-sell mechanics governing death, disability, divorce, and withdrawal. For married members in a community-property state, spousal-consent provisions keep a membership interest from converting to community property in a divorce. Delina structures these relationships before they become disputes.

S-Corp Election Analysis

Once your LLC generates more than $80,000–$100,000 in net income, an S-Corp election may reduce your self-employment tax burden. California adds a 1.5% franchise tax on S-Corp net income. Delina runs the full math before you elect, and files the election alongside formation where it fits.

Common Questions

What most people want to know.

Do I need a lawyer to form an LLC in California?

You can file the paperwork yourself, but formation is the least important part of having an LLC. The operating agreement, the ownership structure, and the decisions about taxation are where attorneys add value. A LegalZoom LLC gives you a filing confirmation. Delina gives you a structure that actually does what you think it does.

How much does it cost to form an LLC in California?

California charges an $800 minimum franchise tax annually, payable in the first year regardless of revenue. The Secretary of State filing fee is $70. A registered agent costs $50–$300/year. Attorney fees for formation and operating agreement drafting vary based on complexity. The $800 annual minimum is permanent and applies even in years with no income.

Should I form my LLC in California or Wyoming?

If you live and work in California, you will likely need to register a foreign LLC in California even if you form in Wyoming, which means paying California fees on top of Wyoming fees. The "Wyoming LLC" strategy is often more expensive and more complex than simply forming in California. Delina discusses the actual math with clients before they make this decision.

Serving California · By Location
By Appointment · Boutique Practice

Ready to build your business on the right legal foundation?

Delina works with business owners who want an LLC structure that actually does what they think it does. Tell us your situation, your business model, ownership structure, and the right entity setup for your situation.

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What is your situation?

Taxes, contracts, LLC formation, prenups, trademarks. Tell me what you're dealing with and I'll point you to the right place. Or just call 818-888-6060, email info@delina.esq, or send your situation.