FAQ pages are short editorial summaries of the longer state and tax guides. Use the linked state agency before filing or relying on a deadline.
Can a Foreigner Form an LLC in California?
Yes. California permits non-US citizens and foreign entities to form LLCs without citizenship or residency restrictions. Under Cal. Corp. Code § 17702.01, any person—including foreigners—can serve as organizer. File Form LLC-1 with the Secretary of State, designate a California registered agent, pay $70, and receive approval in 3–5 business days.
Organizer & Ownership Requirements
The organizer filing Articles of Organization need not be a U.S. citizen, resident, or member of the LLC. Foreign nationals may serve as organizers, members, and managers without restriction. California imposes no ownership caps or nationality-based limitations on LLC structure.
Registered Agent Requirement
You must designate a California registered agent with a physical street address (Cal. Corp. Code § 17702.01). This agent receives official notices on your behalf. Options include a California resident, professional registered agent service ($50–$300/year), or California business entity. P.O. boxes do not satisfy this requirement.
Filing Steps
File Form LLC-1 online via BizFile at https://bizfileonline.sos.ca.gov/. Include your LLC name (containing "LLC," "L.L.C.," or "Limited Liability Company"), principal office address, registered agent name and California street address, and management structure (member-managed or manager-managed). Standard processing takes 3–5 business days. Filing fee is $70. Expedited processing ($350–$750) offers same-day or 4-hour service at the Sacramento office.
Before filing, search your desired name at https://bizfileonline.sos.ca.gov/search/business to confirm availability and distinguishability on state records.
Additional Compliance
If your LLC operates under a name different from its registered name, file a DBA (Doing Business As) with your county clerk ($26 fee).
Obtain an EIN from the IRS for tax purposes and employee hiring. Consult a tax professional regarding federal and state tax obligations for foreign owners. Forming an LLC does not grant work authorization; verify your visa status separately if you plan to work in California.
Contact
California Secretary of State: (916) 657-5448 or https://www.sos.ca.gov/
This is general information, not legal advice.