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

Q: Can a California notary form a LLC in California?

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 California notary public can form a Limited Liability Company (LLC) in California. However, it is important to keep the notary business separate from the LLC.

Here are a few key points to consider:

1. Separate entities: The notary commission is granted to the individual, not the LLC. The notary public must maintain their notary business separately from the LLC to avoid confusion and potential conflicts of interest.

2. Notary seal and journal: The notary seal and journal should only bear the name of the individual notary, not the LLC's name.

3. Advertising: When advertising notary services, the notary should use their individual name and not the LLC's name to avoid misleading the public.

4. Business practices: The LLC should not be used to provide notary services, and the notary should not notarize documents on behalf of the LLC to maintain a clear separation between the two entities.

5. Income and taxes: Income from notary services should be reported as personal income by the individual notary, while income and expenses related to the LLC should be handled according to the LLC's tax structure.

As long as the notary maintains a clear distinction between their role as a notary public and their involvement in the LLC, there is no prohibition on a California notary forming an LLC for other business purposes.

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

A: Yes, a California notary public can form a LLC in California. You have not, however, provide any details of the business purpose of this LLC. Relying on speculative responses to overly simplified question on a free online Q and A is unwise.

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