Biennial Report in California | A Comprehensive Guide

Steve Bennett
Business Formation Expert  |   Fact Checked by Editorial Team
Last updated: 
WebinarCare offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
WebinarCare is led by Steve Bennett, a seasoned expert in the business world. He's gathered a team that's passionate about giving you reliable advice on everything from starting a business to picking the right tools. We base our tips and guides on real-life experience, ensuring you get straightforward and proven advice. Our goal is to make your business journey smoother and more successful. When you choose WebinarCare, you're choosing a trustworthy guide for all things business.
File Biennial Report in California

Filing the Biennial Report is important in maintaining your Limited Liability Company‘s good standing within California. The process can vary depending on which your LLC is registered, but this article will provide an overview of what you need to know about the Biennial Report in California. These simple steps will help you fulfill your legal obligations and keep your business compliant with California regulations.

Webinarcare Editorial Team will provide in-depth information on Biennial Report for your California LLC. Make sure to read the whole article until the end.

What is Biennial Report?

California Biennial Report is a required document that Limited Liability Companies in California must submit each year to the California Secretary of State. California Reports are responsible for the registration and compliance of your business.

The purpose of the Biennial Report is to update California with your LLC’s current information, such as the legal name, Agent for Service of Process, mailing address, principal office address, and the names and addresses of members or managers. This ensures that California has accurate records of your LLC and helps maintain its good standing and compliance with California regulations.

Creating Biennial Report is quite similar to the decision to start an LLC in California. It’s not just about fulfilling an obligation; it’s about evaluating the journey. Biennial Report allows to reflect on performance, analyzes growth, understand challenges, and plan for future.

WEBINARCARE EDITORIAL TEAM

Contents of the California Biennial Report

In filing for California Biennial, you should know its contents. It includes the following information:

  • LLC’s Legal Name: The official name of your Limited Liability Company as registered with the state.
  • Agent for Service of Process Information: The name and address of the California Agent for Service of Process responsible for receiving official correspondence and legal documents on behalf of the California LLC.
  • Mailing Address: The mailing address for the LLC where California state can send correspondence.
  • Principal Office Address: The physical location of the LLC’s primary place of business.
  • Member/Manager Information: The names and addresses of the LLC’s members (owners) or managers, depending on the management structure of the LLC.
  • Business Activity: A brief description of the primary business activities conducted by the LLC.
  • Date of Formation: The LLC was originally registered with California.
  • Filing Period: The time frame covered by the Biennial Report, typically one calendar year.
  • Signature: The signature of an authorized representative of the LLC, such as a member or manager, attesting to the accuracy of the information provided in the report.

Recommended: Legalzoom’s annual report services provide a comprehensive and streamlined approach to ensuring businesses maintain compliance and transparency. Their attention to detail and dedication to client satisfaction make them the go-to choice for all your annual reporting needs. We recommend using –

LegalZoom Starts at $99 + filing fees

How to File Biennial Report in California

If you have a Limited Liability Company (LLC) in California, filing Biennial Report to maintain your company’s good standing and ensure compliance with state regulations is essential. Here is the step-by-step guide on how to file the Biennial Report in California.

Step 1: Research The Filing Requirements

The first step in filing your Biennial Report is understanding California’s specific requirements and deadlines. Visit the California Secretary of State‘s official website, or consult a legal professional to familiarize yourself with the necessary forms, deadlines, and associated fees. The Biennial Report is filed with the California Secretary of State’s office.

Step 2: Gather The Necessary Information

Before completing your Biennial Report, you must gather essential information about your LLC. This information typically includes:

  • The LLC’s legal name
  • The Agent for Service of Process’s name and address
  • The LLC’s mailing address and principal office address
  • The names and addresses of the LLC’s members or managers

Ensure you have accurate and up-to-date information, as providing incorrect information on your Biennial Report can lead to penalties or even the dissolution of your California LLC.

Step 3: Complete The Biennial Report Form

Once you have gathered all the necessary information, it’s time to complete the Biennial Report form. Follow the instructions, and ensure you complete all required fields accurately. California may offer an online filing option, or you may need to manually print and complete the form. Make sure to sign and date the form as required.

Step 4: Submit and Pay The Biennial Report

After completing the Biennial Report form, you’ll need to submit it to the California Secretary of State, along with the required Biennial fee of $10, $20 every 2 years. The submission process may vary since California allows online submissions, while other states require mailing or hand-delivering the report. In California, by submitting and paying offline, you can mail it at Secretary of State, Business Entities Filings, P.O. Box 944228, Sacramento, CA 94244.

Ensure to include any necessary payment information and a copy of the completed form for your records.

Step 5: Verify Receipt of The Biennial Report

Once you’ve submitted your Biennial Report, verifying that the California Secretary of State has received and processed it is essential. You can check your California state’s website or contact the appropriate office directly. Address any issues or discrepancies as necessary to ensure your California LLC remains in good standing.

Step 6: Repeat The Process

Filing the Biennial Report is an ongoing responsibility. Set a reminder to complete and submit the report, update necessary information, and pay the required fees. Staying on top of your Biennial Report obligations will help prevent legal issues and ensure your business complies with California regulations.

Your Agent for Service of Process can file that for you, or you can hire the Best California Agent for Service of Process Services. If you don’t have a Agent for Service of Process, we reviewed these services for you to check out.

LLC Service

Rating & Pricing

Top Features

Learn More

#1 Recommendation

$299 Per Year

  • Free LLC Formation

  • RA service in all states

  • Legal consultation

$125 Per Year

  • Flat price for RA service

  • LLC formation package

  • Fast service

California Biennial Report (Domestic & Foreign)

State Office:Secretary of State, Business Entities Filings, P.O. Box 944228, Sacramento, CA 94244
Due Date:The Biennial Report in California is due and should be renewed every 2 years (on the anniversary date/month).
Filing Fee:The filing fee for the Biennial Report is $10, $20 every 2 years.
Penalty:The penalty for not filing the Biennial Report costs $250.
Filing Method:Filing of Biennial Report can be filed online and by mail.
Important Information:A domestic or foreign California limited liability company filing is deemed complete when the required fees and the Biennial Report are sent to the state office.

Why Do LLCs Have to File Biennial Reports?

Limited Liability Companies (LLCs) must file Biennial Reports for several reasons, which generally revolve around maintaining good standing with the state and ensuring compliance with California regulations. Here are some of the main reasons why LLCs have to file Biennial Reports:

  • Updating State Records: Filing Biennial Report allows California to maintain up-to-date records of the LLC’s essential information, such as the legal name, Agent for Service of Process, mailing address, principal office address, and member or manager information. Accurate records enable the state to communicate effectively with the LLC and serve legal notices if necessary.
  • Regulatory Compliance: Submitting the Biennial Report is a legal requirement in California, and failure to file the report can result in penalties, fines, or even the dissolution of the California LLC. Compliance with state regulations is crucial to ensure the continued operation of the LLC and maintain its limited liability protection.
  • Maintaining Good Standing: Filing the Biennial Report is one of the primary requirements to maintain an LLC’s good standing within California. An LLC in good standing can engage in business activities, enter into contracts, and access financing without facing legal obstacles. By submitting the Biennial Report, LLCs demonstrate their commitment to fulfilling their legal obligations.
  • Public Disclosure: Biennial Reports provide public information about the LLC. Providing transparent and updated information about the company’s structure and activities contributes to building trust with potential investors, customers, and partners.
  • Monitoring Business Health: Preparing and filing Biennial Report can be a valuable opportunity for LLC owners to assess their company’s performance, growth, and potential areas for improvement. It encourages reflection on the business’s progress and helps identify any necessary adjustments to ensure long-term success.

Filing the Biennial Report is crucial to operating an LLC. It helps maintain compliance with state regulations, keeps the company in good standing, and provides essential information to the public. It also serves as an opportunity for business owners to evaluate their company’s performance and make strategic decisions for the future.

Sanctions For Not Filing Biennial Report

You may face several consequences if you fail to file the Biennial Report for your California Limited Liability Company (LLC). Here are some common sanctions and outcomes that may result from not filing the Biennial Report:

  • Penalties and Fines: California impose monetary penalties and late fees on LLCs that fail to file their Biennial Reports on time. It costs $250.
  • Loss of Good Standing: When an LLC does not file its Biennial Report, it may lose its good standing status within California. A company not in good standing may face difficulties conducting business activities, entering into contracts, and obtaining financing.
  • Administrative Dissolution: If an LLC neglects its Biennial Report filing requirements, California may eventually dissolve the company administratively. Administrative dissolution means the LLC no longer legally exists and loses its limited liability protection, leaving its owners personally liable for the company’s debts and obligations.
  • Reinstatement Hurdles: If your California LLC is administratively dissolved, you may need to go through a reinstatement process to revive your company. This process often involves filing the necessary paperwork, paying due penalties and fees, and fulfilling any other requirements set forth by the state, which can be time-consuming and costly.
  • Damage to Business Reputation: Failure to file Biennial Report can harm your California LLC’s reputation among potential investors, customers, and partners. A company not complying with state regulations may be seen as less trustworthy or reliable.

Agent for Service of Process’s Role in Filing Biennial Report

Agent for Service of Process is not directly responsible for filing the LLC Biennial Report; however, having a Agent for Service of Process is a legal requirement for LLCs in California. The role of the Agent for Service of Process is to receive official correspondence and legal documents on behalf of the LLC. While the LLC owners or managers are responsible for filing the Biennial Report, the Agent for Service of Process’s information is typically included.

In California, the Biennial Report form will ask for the name and address of the Agent for Service of Process. This information is crucial to ensure that the state has accurate records for the LLC and can communicate effectively with the company. If there are any changes to the Agent for Service of Process’s information since the last report, updating it on the Biennial Report form is essential.

FAQs

What is a biennial report for an LLC in California?
The biennial report is a filing requirement for all LLCs registered in California.
How often must LLCs in California file the biennial report?
Biennial reports must be filed every two years in California.
Can LLCs file their biennial report online in California?
Yes, LLCs can file their biennial report online through the California Secretary of State’s website.
Is there a filing fee to submit a biennial report for an LLC in California?
Yes, there is a $20 filing fee to submit a biennial report in California.
What information do I need to include in my biennial report for my California LLC?
You will need to include your LLC’s filing number, current registered agent information, and current business address in your biennial report for your California LLC.
When is the deadline for submitting a biennial report for an LLC in California?
The deadline for submitting a biennial report for an LLC in California is the last day of the month in which it was initially registered or if the filing regularly takes place during the months of January or February.
What happens if I miss the deadline for submitting a biennial report for my California LLC?
If you miss the deadline for submitting a biennial report for your California LLC, you may be subject to late fees or even the suspension or cancellation of your LLC’s registration.
Can I file my biennial report early for my California LLC?
Yes, you can file your biennial report early for your California LLC.
How can I check the status of my California LLC after filing a biennial report?
You can check the status of your California LLC by searching the Secretary of State’s online database or submitting a request for a status certificate.
Do all LLCs in California have to file a biennial report, even if they are not actively conducting business?
Yes, even if an LLC in California is not actively conducting business, it still must file a biennial report.
Are there any exemptions from the biennial report filing requirement for LLCs in California?
No, there are no exemptions from the biennial report filing requirement for LLCs registered in California.
Can I file my California LLC’s biennial report by mail?
Yes, you can file your California LLC’s biennial report by mail using the appropriate form.
How long does it take to process a biennial report for an LLC in California?
It takes approximately two to four weeks to process a biennial report for an LLC in California.
How can I update information on my California LLC’s biennial report after it has been filed?
You can update information on your California LLC’s biennial report by filing a Statement of Information with the Secretary of State’s office.
Can I file a combined biennial report for multiple LLCs registered in California?
No, each LLC must file its own separate biennial report in California.
Can I submit my biennial report and Statement of Information at the same time for my California LLC?
Yes, you can submit your biennial report and Statement of Information at the same time for your California LLC.
Do I have to obtain a California business license before filing a biennial report for my LLC?
No, you do not need a California business license to file a biennial report for your LLC in California.
What happens if I fail to pay the filing fee for my California LLC’s biennial report?
If the filing fee for your California LLC’s biennial report is not paid, your LLC’s registration may be suspended or cancelled.
Is there a penalty for filing a biennial report late for an LLC in California?
Yes, an LLC in California may be subject to a late fee for filing a biennial report after the deadline.
Are non-US citizens able to file a biennial report for their LLC in California?
Yes, non-US citizens are able to file biennial reports for LLCs registered in California.
Can I request a copy of my California LLC’s previously filed biennial report?
Yes, you can request a copy of your California LLC’s previously filed biennial report by contacting the Secretary of State’s office.
How do I contact the California Secretary of State regarding biennial report filings for LLCs?
You can contact the California Secretary of State’s office via phone, email, or in-person for any questions or concerns regarding biennial report filings for LLCs.
Do I need to include financial statements with my biennial report for my California LLC?
No, you are not required to include financial statements with your biennial report for your California LLC unless specifically requested by the Secretary of State.
What will happen if I fail to file a biennial report for my California LLC?
If you fail to file a biennial report for your California LLC, your LLC may be subject to suspension, forfeiture, or cancellation of its registration.
Is there a penalty if I file an incorrect or incomplete biennial report for my California LLC?
Yes, there may be a penalty for filing an incorrect or incomplete biennial report for a California LLC.
Can I simply call the California Secretary of State to file a biennial report for my LLC?
No, the California Secretary of State requires the biennial report filing to be completed using the appropriate form or through their online filing system.
What is the physical address for the California Secretary of State’s office?
The California Secretary of State’s office is located in Sacramento at 1500 11th Street, Sacramento, CA 95814.
Can I file a biennial report for my California LLC in person at the Secretary of State’s office?
Yes, you can file a biennial report for your California LLC in person at the Secretary of State’s office.
What is a Biennial report?
A Biennial report is a legal document that must be filed every two years to update the state of the ownership and the management of an LLC and to confirm certain details, such as the registered agent’s address.
Do all LLCs have to file a Biennial report in California?
Yes, all LLCs that are registered in California have to file a Biennial report every two years.
When is the due date for the Biennial report in California?
The due date for the Biennial report in California is exactly two years after the LLC was formed.
What happens if I don’t file a Biennial report in California on time?
If you fail to file a Biennial report on time in California, your LLC will be marked as delinquent, which will prevent you from transacting business in California.
How can I file a Biennial report in California?
You can file a Biennial report in California online or via postal mail.
What information do I need to file a Biennial report in California online?
To file a Biennial report online in California, you need the business name, the file number, and the registered agent’s address of the LLC, as well as your credit card information.
What information do I need to file a Biennial report in California via mail?
To file a Biennial report via mail in California, you need the same information as for electronic filing, along with a completed Biennial report form, which can be downloaded from the California Secretary of State’s website.
Is there a fee for filing a Biennial report in California?
Yes, there is a $20 fee to file a Biennial report in California.
What if the information included in my last Biennial report has changed?
If the information included in your last Biennial report has changed, you must provide the updated information on the current Biennial report.
Can I update multiple pieces of information on a single Biennial report in California?
Yes, you can update multiple pieces of information on a single Biennial report in California.
Can I file a Biennial report for my LLC that is registered in another state?
No, you cannot file a Biennial report for an LLC that is registered in another state in California. You have to file the Biennial report in the state where your LLC is originally registered.
Can I request an extension to file the Biennial report in California?
No, there is no extension available for filing the Biennial report in California. It must be filed exactly every two years after your LLC was formed.
Is it possible to file the Biennial report for multiple LLCs at once in California?
Yes, you can file the Biennial reports for multiple LLCs at once in California, but you have to pay the $20 fee for each LLC.
Can I obtain a copy of my last Biennial report from the California Secretary of State?
Yes, you can obtain a copy of your last Biennial report from the California Secretary of State by ordering it online or via postal mail with the search fee.
What is the search fee to obtain a copy of a Biennial report in California?
The search fee to obtain a copy of a Biennial report in California is $5.
How long does it take to process a Biennial report in California?
It usually takes several days to process a Biennial report in California.
Can I make changes on my Biennial report after it has been submitted in California?
No, you cannot make changes on your Biennial report after it has been submitted in California. You have to submit another Biennial report with the updated information.
Is there any penalty for failing to file a Biennial report in California by the due date?
Yes, there is a penalty of $250 for failing to file a Biennial report in California by the due date.
Can I pay the $20 fee for filing the Biennial report in California with a check?
Yes, you can pay the $20 fee for filing the Biennial report in California with a check. The check should be made payable to the California Secretary of State.
Who should sign the Biennial report form in California?
The Biennial report form in California should be signed by an authorized person of the LLC, such as the manager or an officer.
What is a registered agent, and why is their address needed on the Biennial report in California?
A registered agent is the person or entities designated by the LLC to receive legal papers and official documents on behalf of the LLC. Their address needs to be updated on the Biennial report in California to maintain good standing with the state.
Can I file a Biennial report for my LLC in California via fax?
No, fax filing is not currently available for the Biennial reports in California.
Can I file a Biennial report for my LLC in California if it is suspended or dissolved?
No, you cannot file a Biennial report for an LLC that is suspended or dissolved in California.
Can I file a Janitorial LCC Business Biennal Report in California?
Yes, you can file a Janitorial LCC Business Biennial Report in California.
Can I file a Biennial report electronically and on a CD-ROM if it doubles as a record of my LLC?
No, currently electronic filings in California only include filling them out on their website.
Can I not file a Statement of Information form if I filed an LLC Biennial Report in California?
No this is separate; both forms need to be filed accordingly.
Question:Are Emails, faxes, or electronic filing of Statement of Information or Reports of Equity Issuance acceptable means of submission of documents to California SOS?
No this is not acceptable electronically.

Also Read

How to Correct Error in Your Annual Report of California LLC

Firstly, it is vital to recognize that mistakes happen – even in professional settings. However, it is equally important not to overlook these errors or dismiss them as insignificant. Identifying and rectifying them promptly demonstrates your commitment to upholding high standards and to adhere to legal obligations.

The first step in correcting an error in your Annual Report for a California LLC is to carefully review the original filing. Analyze each section, ensuring that all information, particularly numerical data, is accurate. Any discrepancy or inconsistency must be located and annotated for correction.

Once errors have been identified, the next action is to prepare an amendment to the Annual Report. The California Secretary of State provides a specific form, typically named the “Statement of Information,” which acts as an amendment to your original filing. This form allows you to alter any incorrect or out-of-date information, rectifying the errors made in the initial filing.

When filling out the amendment form, admirable precision and attention to detail must be exercised. Take your time to ensure that each correction accurately reflects the intended and corrected information. Double-checking every entry significantly reduces the risk of further errors and future complications. While the temptation may be to rush through this process, avoiding mistakes is essential to guarantee an accurate correction.

Once the amendment is completed, it must then be promptly submitted to the California Secretary of State. Nowadays, the majority of filings can be processed online for added convenience. Take advantage of this streamlined method to swiftly correct your errors.

Alongside the amendment form, it is generally necessary to include a written statement providing details on the reason for the corrections. In this statement, be concise yet comprehensive — outline the errors that were present in the previous filing, as well as the accurate and amended information-based evidence to substantiate the changes made.

Transparency is key during this process, aiming to prevent any doubts or second-guessing. By providing a clear, logical explanation for the discrepancies and an accurate representation of the appropriate information, you maintain credibility and foster trust.

Ultimately, if an error is discovered within your Annual Report filing for a California LLC, proactive steps must be taken to rectify the situation. Carefully review the original filing, complete the necessary amendment form, and explain these corrections thoroughly. Remember, mistakes happen, but taking responsibility and efficiently addressing them are the hallmarks of a truly professional and accountable organization.

In conclusion, as with any documented endeavor, there is always the possibility of error. Understanding the appropriate procedures to correct these errors in your California LLC Annual Report filing ensures that you adhere to legal obligations, maintain transparency, and safeguard your company’s reputation.

Conclusion

Filing the Biennial Report is essential to maintaining your business’s legal status and good standing within California. By following these steps and staying informed about California’s specific requirements, you can ensure that your LLC remains compliant and continues to operate smoothly. If you have any questions or concerns about the process, consult a legal professional to guide you and ensure your business’s success.

Leave a Comment