Legal Question in Business Law in California

I paid an atty., in the first week of Jan. 2013 to file business LLC, it takes approx. 6 weeks. In 1 week it will be about 16 weeks and no LLC and when I call her office, (twice) she says it takes time and I feel like I am pestering her. Any suggestions? Thank you

Asked on 4/26/13, 3:23 am

3 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

It is difficult to determine why your application is taking about more than 16 weeks to file without more information. Although California's processing of LLCs is currently taking about 2 to 3 months, this is just an approximation and in actuality could take longer depending on a number of other reason including but not limited to misdirected mailings, missing information, lost application, etc.

You may want to speak with your attorney about your concerns and see if you can get her to check the status of the filing. On the other hand if time is currently a constraint, you could re-file under an expedited filing. I would urge that you speak with your current attorney.

Kind regards,

Jim Betinol

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Answered on 4/26/13, 7:36 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Betinoni's advice is sound. Delays at the Secretary of State's office in processing new filings for corporations and LLCs are a likely cause of the delay. Applications, when processed, are back-dated to the date received, so filing a duplicate application may not be your best course. However, you may want (or need) to re-file on an expedited basis, using a messenger or personal delivery, and paying an extra fee. Hopefully, you have received a copy of your papers, as-filed, from the attorney, which should help establish that she has actually done the documentary preparation and filing. Failure to prepare and file the papers is another possible reason for delay; let's hope that hasn't happened. I believe the SoS' Web site has a message indicating current processing delays for new incorporations and LLC formations,

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Answered on 4/26/13, 8:10 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

The previous answers assume you are saying the LLC paperwork has been completed and filed and you are waiting on the Secretary of State. I don't read your question that way. If the only issue is the SoS, you can just stop worrying about it, because once they get around to processing the filing, it will be effective the date it was received. If you have confirmation it was filed, you can relax and go about your business, unless and until a bank or some other entity you do business with requires proof that the LLC is properly registered. If, however, you are still waiting on your attorney to do you paperwork, the answer is different but equally simple: fire the lawyer and get a new one. There is no excuse for it taking 16 weeks to get LLC paperwork done.

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Answered on 4/26/13, 8:29 am

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