Part 1: Pick your business type
Your type (LLC, Inc., and so on) becomes part of your legal name.
- LLC (Limited Liability Company): Most small agencies pick this. It keeps business debts apart from your own money. We suggest it for most new agencies.
- Sole proprietorship: Easy to start. But you and the business are the same. Your own money is at risk.
- Corporation (Inc.): Has a board of directors. CDSS asks corporations for extra papers, like a Board Resolution and an HCS 9165 for each board member.
- Each individual applicant and each partner
- The CEO of a corporation
- Each person who owns 10% or more
- The manager of a manager-managed LLC
Part 2: Check your name
1. The state checkIs someone in California already using this name? If so, the Secretary of State may turn down your filing.
- Go to the CA Secretary of State Bizfile site.
- Use the free Business Entity Search.
- Type your exact name. Look for the same or very close names.
Do not copy big brand names. That can lead to a legal fight later.
- Go to the USPTO Trademark Search.
- Search your exact name and close versions.
See if a matching web address is free. This is for marketing. The state does not ask for it.
Part 3: Be careful with "home care" in your name
Only a licensed HCO may use certain words in its name (HSC §1796.34(a)(2)). The words are "home care organization," "home care," and "in-home care."
- Do not advertise or act as a home care agency before you get your license.
- If you want one of these words in your LLC name, ask CDSS how it applies to you first.
Part 4: Spell your name the same way every time
Type your exact legal name below. Include the ending (LLC, Inc.) and any commas.
HCS 281 says the HCS 309 must match the HCS 200. Your bond and insurance papers should match too. If names do not match, CDSS may ask you to fix them. That takes time.
Tip: Copy and paste your name. Do not retype it.Part 5: Register your LLC
File your Articles of Organization with the Secretary of State. The fee is $70 (Gov. Code §12190(b)).
#### What is an agent for service of process?
Every California LLC must have one (Corp. Code §17701.13). This is who gets legal papers for your business.
- The agent can be a California resident or a company that is set up to do this (§17701.13(c)).
- Your filings list the agent's street address (Corp. Code §17702.09(a)(2)).
If you use our filing service, agent service for the first year is included.
#### Forming a corporation instead?
File Articles of Incorporation with the Secretary of State. The filing fee is $100 for a corporation with shares. It is $30 for one without shares, like most nonprofits (Gov. Code §12186(c)–(d)). Check Bizfile for any other charges.
#### Filing your LLC
Already have an LLC? Pick "Yes — I already have my LLC" and enter your details. If not, we can file it, or you can file at Bizfile.
