San Jose, CA asked in Business Formation and Business Law for California

Q: Can a notary in CA form a LLC

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Yes, a notary public in California can form an LLC (Limited Liability Company). However, they would be doing so in their capacity as an individual, not in their official role as a notary public.

In California, any individual can form an LLC by following these steps:

1. Choose a name for the LLC that complies with California naming rules.

2. File Articles of Organization with the California Secretary of State.

3. Pay the required filing fee.

4. Create an Operating Agreement (not required but highly recommended).

5. Obtain any necessary licenses and permits.

6. Obtain an Employer Identification Number (EIN) from the IRS if needed.

It's important to note that being a notary public does not automatically qualify someone to provide legal advice or services related to forming an LLC. Notaries are state-appointed officials who primarily serve to witness the signing of important documents and administer oaths. They are not necessarily trained in business law or entity formation.

While a notary can form their own LLC, they should be cautious about using their notary status to promote LLC formation services, as this could be seen as a conflict of interest or misuse of their notarial authority.

Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: Being a notary public does not prevent individual from forming an LLC.

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