Business Law

Business Formation.

Anyone can file with the Secretary of State. We build the entity that actually holds up, the right structure, the ancillary documents online services skip, and the strategy behind it.

Reviewed by Elizabeth A. Tresp, JD, LL.M., trust & probate litigator · Updated July 2026

In short Anyone can file articles with a Secretary of State, that’s where most online services stop. A properly formed entity is more than a filing: it needs the ancillary documents, the right entity type, and a registered agent that actually serves you. And because forming an entity is where many people first bump into asset protection without realizing it, we build it as a real foundation, not just paper.

Forming a business is often the first step people take toward protecting themselves, frequently without realizing that a bare entity is only the beginning of a real asset-protection plan. We form corporations, LLCs, and limited partnerships in California and Wyoming, and we don’t stop at the Secretary of State: we provide the documents that serve as the actual foundation of your company.

Ancillary formation documents

The filing is the visible part; the ancillary documents are what make an entity hold up. Operating agreements, bylaws, organizational minutes, membership or stock ledgers, and initial resolutions define ownership, control, and the separation between you and your company, the separation a creditor will attack if it is missing. Most online formation services never provide these, which is exactly where thinly formed entities fail. We prepare them as part of the formation.

Registered agent for service of process (CA & WY)

Every entity must have a registered agent in the state where it is filed, the person or entity served if there is a legal dispute. Tresp, Day & Associates and our affiliated Tresp Corporate Services can serve as your registered agent in both California and Wyoming (and, through Tresp Corporate Services, in all 50 states).

Corporation formation

To form a corporation, you file articles of incorporation with the applicable Secretary of State, outlining the corporation’s location, registered agent, stock structure, and other key factors. This is where most online services end, we go further, providing the expert documents that serve as the foundation for your corporation.

Limited liability company (LLC) formation

To form an LLC, you file articles of organization with the applicable Secretary of State, outlining the LLC’s location, registered agent, and other key factors. Again, most online services stop at the filing; we provide the operating agreement and supporting documents that make the LLC a genuine, defensible structure. Where the LLC is meant to protect assets, the state you choose matters, see where not to incorporate and the Wyoming and Nevada options.

Limited partnership formation

Sometimes a corporation or LLC is not the best fit. A limited partnership has both general and limited partners, typically the general partners run the operations while the limited partners hold a financial interest. We help you determine which entity best serves your business and your protection goals.

The filing and ongoing corporate compliance are handled by our affiliated Tresp Corporate Services, which forms entities and provides registered-agent and corporate-compliance services in all 50 states, corporate paper and compliance only, never legal advice. Our attorneys provide the legal strategy and the documents that make the entity a real foundation. We explain the why; they execute the how.

To discuss your business with our attorneys, call (858) 755-6672 or request a consultation.

Common questions

Frequently asked

Why not just use an online service to form my LLC?

Online services file the articles and stop there. But an entity's protection comes largely from what those services skip, the operating agreement or bylaws, organizational minutes, ledgers, and the ongoing formalities that show separation between you and the company. A thinly formed entity is one a creditor can argue should be ignored. We provide the documents and structure that make the entity hold up.

Does forming an entity protect my personal assets?

A properly formed and maintained entity separates business liability from your personal assets, which is real and valuable. But for someone with meaningful personal exposure, a single entity is rarely a complete plan, genuine asset protection is the right structure, in the right state, maintained correctly. We help you tell the difference between simple formation and the protection you actually need.

Can you form entities outside California and Wyoming?

Yes. Our attorneys focus on California and Wyoming, and our affiliated Tresp Corporate Services forms entities and provides registered-agent and compliance services in all 50 states. That lets us pair the right legal strategy with formation and upkeep anywhere in the country.

This overview is general information, not legal or tax advice, and does not create an attorney-client relationship?

This overview is general information, not legal or tax advice, and does not create an attorney-client relationship. Every situation is different and the law changes; consult a qualified attorney about your circumstances.

This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.

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