Business Formation
Business formation
Filing with the Secretary of State is where most online services stop. It is where the actual work of building a durable entity begins.
Business formation is the process of legally creating a corporation, limited liability company or limited partnership by filing a formation document with the Secretary of State. The filing alone is only the start — the governing documents behind it are what make the entity function and protect its owners.
Corporation formation
To form a corporation, you must file the articles of incorporation with the respective Secretary of State. This document outlines the location of the corporation, the registered agent, the type of stock offered, and other important factors of the corporation. This is where most online services end, but Tresp, Law APC doesn’t just file with the secretary of state, we provide expert documents which serve as the foundation for your corporation.
Limited liability company (LLC) formation
To form a limited liability company (LLC), you must file the articles of organization with the respective Secretary of State. This document outlines the location of the LLC, the registered agent, and other important factors of the LLC. This is where most online services end, but Tresp Law, APC doesn’t just file with the secretary of state, we provide expert documents which serve as the foundation for your LLC.
Limited partnership formation
Sometimes a typical corporation or LLC is not the best option for your business. A limited partnership has both limited and general partners. In most cases, the duties of the general partners are to conduct the operations of the business while the limited partners only have a financial interest. Let the experts at Tresp Law, APC determine which entity best serves your business.
Agent for process (CA and WY)
Tresp Law, APC or Tresp Corporate Services can serve as your business’s registered agent in both California and Wyoming. Each business must have a registered agent in the state where the business is filed. The registered agent is the person or entity notified if there is a legal dispute with the business.
Forming an entity at a glance
- Corporation
- Formed by filing articles of incorporation with the Secretary of State
- LLC
- Formed by filing articles of organization with the Secretary of State
- Limited partnership
- Has both general partners, who run the business, and limited partners, who hold a financial interest
- Registered agent
- Required in every state where the business is filed — we can serve in California and Wyoming
- Beyond the filing
- Bylaws, operating agreements and the rest of the governing documents are what actually make the entity work
- Related
- Business contracts and business dissolution
Which entity is right for your business?
| Corporation | LLC | Limited partnership | |
|---|---|---|---|
| Formation document | Articles of incorporation | Articles of organization | Certificate of limited partnership |
| Owners are called | Shareholders | Members | General and limited partners |
| Who runs it | Directors and officers | Members or a manager | The general partners |
| Ownership interests | Stock | Membership interests | Partnership interests |
| Registered agent required | Yes | Yes | Yes |
Choosing among them is not a form-filling exercise. It depends on who will own the business, who will run it, how profits will be shared, and what you intend to do with the company later. Let the experts at Tresp Law, APC determine which entity best serves your business.
Contact us today
The possible future of your business is no small matter to us. We take the time to meet with you personally either in-person or through video conference technologies such as FaceTime, Duo, Skype, or Zoom. Tresp Law, APC’s advanced cloud-computing real-time collaboration technologies enable us to assist you remotely from our offices in Cardiff-by-the-Sea, Mission Brewery Plaza in San Diego, and Kemmerer, Wyoming. If you need a proactive, knowledgeable, and effective Business Planning lawyer, call us today: (858) 248-2779 or contact us online to schedule a initial consultation.
Related services
Common questions
Frequently asked
Is filing with the Secretary of State enough to form my company?
It creates the entity, but it does not make it work. The articles are a short public document. Bylaws, an operating agreement, stock or membership records, and the resolutions adopting them are what govern how decisions get made and how owners are protected. This is where most online filing services end and where our work begins.
What is the difference between a corporation and an LLC?
A corporation is formed by filing articles of incorporation, is owned by shareholders holding stock, and is run by directors and officers. An LLC is formed by filing articles of organization, is owned by members holding membership interests, and can be run by the members themselves or by a manager. Which fits depends on ownership, management and how you plan to grow.
Do I have to have a registered agent?
Yes. Each business must have a registered agent in the state where the business is filed. The registered agent is the person or entity notified if there is a legal dispute with the business. Tresp Law, APC or Tresp Corporate Services can serve as your registered agent in both California and Wyoming.
When does a limited partnership make more sense than a corporation or LLC?
When some owners will run the business and others are purely financial participants. A limited partnership has both limited and general partners — the general partners conduct the operations of the business while the limited partners only have a financial interest. Sometimes a typical corporation or LLC is simply not the best option.
Can you form entities in Wyoming as well as California?
Yes. We form entities and serve as agent for process in both California and Wyoming, either through Tresp Law, APC or through Tresp Corporate Services.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
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