The Secretary of State recently updated some of their LLC forms for the second time in several months. They were last updated in July of 2016 and were revised again for 2017.
The forms that have been revised include:
- Certificate of Dissolution (LLC-3)
- Certificate of Cancellation (LLC 4/7)
- Short Form Certificate of Cancellation (LLC 4/8)
- Application to Register Foreign LLC (LLC-5)
If you are planning on filing any of the above forms you must use the new forms. Out of date versions will be rejected resulting in additional cost and delays.
No more counterpart signature pages – In the past the Secretary of State has allowed counterpart signature pages for these forms. Effective immediately, counterpart signature pages will no longer be accepted for these forms and any filing submitted with a counterpart signature page will be rejected. All signatures must be on the same piece of paper.
Filing LLC forms with the Secretary of State and getting them back in a timely manner can have a serious impact on your business. Filing a form incorrectly can cause significant delays that can make or break deals. It is important to be familiar with these forms and the Secretary of State’s up to date requirements to prevent delays.
Tamara B. Pow is a founding partner of Strategy Law, LLP in downtown San Jose, California where she practices business and real estate law including representing real estate LLCs and other business entities. Her personal experience managing and investing in real estate limited liability companies as well as her MBA and real estate brokers license help her in advising owners of limited liability companies and other business entities.
The information appearing in this blog does not constitute legal advice or opinion. Such advice and opinions are provided by the firm only upon engagement with respect to specific factual situations. Specific questions relating to this article should be addressed directly to Strategy Law, LLP.