What is a statement of information?
It is common for owners of small businesses to be confused about what exactly a Statement of Information is. This is due to the fact that a Statement of Information is sometimes referred to as an annual report. While large corporations are required to file an annual report with the Securities and Exchange Commission, small businesses are only required to file a Statement of Information with the state in which their business is located.
The requirements for a sample statement of information
It might be useful to use the reporting requirements of one state as an example since they will differ from state to state. A Statement of Information is necessary for corporations and limited liability companies in the state of California. You can find the Statement of Information form and more important information on the California Secretary of State’s website.
1. Corporate statement of information
California corporations must submit Form SI-550, which is the Statement of Information for California Stock, Agricultural Cooperative, and Foreign Corporations.
2. LLC statement of information
California LLCs need to file Form LLC-12 as their statement of information.
Important Dates for California’s Statement of Information Filing
The California Secretary of State requires certain filings from California corporations and limited liability companies (LLCs) at designated intervals.
Companies must submit their Statements of Information by certain dates. Every year, within a six-month window beginning on the date of the corporation’s original registration, California corporations are required to file an initial Statement of Information using form SI-550. It is necessary to file an additional Form SI-550 if any changes have taken place since the previous filing. In cases where nothing has changed, the company is required to submit Form SI-550 NC, Statement of No Change.
What is the deadline for submitting the LLC Statement of Information?
LLCs in California must submit a first Statement of Information using Form LLC-12. Subsequently, they must submit another filing every two years within a six-month window that begins on the date of the LLC’s original registration. Use Form LLC-12 if any changes have occurred since the last filing for all filings other than the initial filing. File a Statement of Information—No Change (Form LLC-12NC) if the limited liability company has not changed anything.
California LLC or corporation status
Staying with the same theme, California LLCs and corporations can’t file a Statement of Information unless they’re in active status, suspended, or forfeited. (The website of the California Secretary of State provides further details on how to resolve a suspended or forfeited status.) You can check the status of your California business on the Secretary of State’s Business Search page if you’re not sure.
Fees (in general)
Statement of Information fees for limited liability companies (LLCs) and corporations (corps) differ from one state to the next based on the specific filing requirements of each state. Furthermore, a filed Statement of Information should be available for your review; however, copying fees may be applicable in such instances. There will be a certification fee if you need a certified copy. These fees, like filing fees, will differ in amount from one state to another.
It is essential to your business success to know if the state in which you operate requires you to file an annual report or a statement of information. An attorney can help you through this process, or you can submit a statement of information electronically.
What details are required to be included in a California statement of information?
Your statement’s content will differ slightly depending on the structure of your company.
Requirements for corporations’ statements of information:
- Company identification number, street address, email address, and physical location
- Where the company’s formation took place
- Location of a corporation’s California headquarters
- At least one high-ranking official’s name and address
- Directors’ names and addresses
- The registered agent for service of process for the company
- Type of company
- Verification of any pending judgments against a director or officer for violations of wage orders or provisions of the California Labor Code
Important: The Secretary of State website is the only place where corporations can submit their paperwork online.
Requirements for LLC statements of information
- Company identification number, street address, email address, and physical location
- Where the company’s formation took place
- Identifying information for the manager(s) or members, including names and mailing addresses
- The registered agent’s name and address for service of process
- Type of company
- The elected chief executive officer’s name and address
- Verification of any pending judgments against a member or manager for wage order or California Labor Code provision violations
Who can be considered a senior officer?
Anyone in a position of authority within an organization responsible for managing day-to-day operations is considered a senior officer. They are in charge of specific divisions. Some typical senior officer roles include president, chief information officer, chief financial officer, chief executive officer, and vice president.
What makes someone a director?
Directors oversee a company’s bigger financial picture and investments, whereas senior officers handle day-to-day operations. On the shareholders’ behalf, they communicate with officers and establish policies. Managing directors, directors, chairman, and co-chairmen are all positions within the directorate.
Simple three-step process for submitting California statement of information forms
A statement of information’s filing procedure in California might change slightly based on the type of company you run. Having said that, there are three mandatory measures that each eligible entity must carry out.
Step 1: Collect all relevant data
In order to comply with SOS regulations, you are required to submit the previously mentioned information regarding your company. Prior to collecting the aforementioned data, please read the filing instructions carefully.
Step 2: Submit a form, either digitally or on paper
Create an account with bizfile, the online filing portal of the California Secretary of State, to submit a statement of information in California. Just go to the business search page, type in the name of your company, click “File Statement of Information,” and then fill out all the necessary fields.
Step 3: Write up and turn in your report
The final steps in submitting your report are to sign and submit the electronically filled out statement along with the filing fee. If you are only making minor changes to your company’s information outside of the yearly or biannual filing periods, you are exempt from paying the filing fee.
What is the deadline for California statement of information?
The timing of statements in California varies from one business entity to another. Publicly traded companies and private companies submit their statements of information annually, while nonprofit corporations and limited liability companies (LLCs) do so every two years. No matter how often you choose to file, the deadline will always be the last day of the anniversary month of the month in which you registered your company.
Statements of information for corporations registered in January are required to be filed annually by January 31st. Registration of an LLC in January is subject to filing deadlines every other year, on January 31.
In California, what are the consequences for failing to file an information statement?
Failure to submit a statement of information by the due date will result in a notice of delinquency and an extension of sixty days to complete the report. If you haven’t filed by then, the SOS will notify the Franchise Tax Board, who will then send you a $250 fine for for-profit businesses and a $50 fine for nonprofits.
Is filing a statement of information mandatory for all California business entities?
California solely requires limited liability companies and corporations to file a statement of information. The law does not apply to partnerships or limited partnerships.
In California, how much is the state franchise tax?
Every year, companies that want to do business in California must pay what is known as the franchise tax. It is mandatory to pay this franchise tax every year if your company structure provides some kind of limited liability protection, like an LLC, corporation, or limited partnership (LP). In most cases, this tax will set you back $800 annually.
FAQs
1. Are you able to submit the statement of information ahead of schedule?
Yes. You may turn in your statement of information at any point during the six months that follow the last day of the month that your business was formed.
2. What is the best way to pay the California franchise tax?
You can pay your California franchise tax online through the State of California Franchise Tax Board’s website. You have the option to pay by credit card, Web Pay, or direct bank transfer.
3. Is it possible to mail a statement of information?
No, sending in a paper statement of information is no longer an option. To comply with the SOS, you must submit all statements electronically via their bizfile portal.
4. Are California’s nonprofits required to submit a statement of information?
In California, a statement of information is required of all corporations, including nonprofits.