Expanding a business to the U.S. market is an exciting step for UK entrepreneurs, and California—a hub for innovation and enterprise—presents an appealing destination. One of the first and crucial steps in establishing a business presence in California is ensuring the chosen company name is available and compliant with local regulations.
Here’s a comprehensive guide on how UK entrepreneurs can check company name availability in California.
1. Access the Business Search Portal
- Visit the California Secretary of State’s official website: California Business Search
- This is where you can search for both existing businesses and registered names in California.
2. Select the Correct Search Option
- You’ll likely want to choose the “Corporation Name” or “LLC Name” search depending on the type of business entity you’re registering. For example, if you are planning to start an LLC (Limited Liability Company) or a corporation, you’ll want to search for those terms.
- You can search for:
- Corporation Name
- LLC Name
- Limited Partnership Name
- DBA (Doing Business As) Name
LLC Members Can Be Non-U.S. Residents
California allows non-U.S. residents to form LLCs in the state. As a UK entrepreneur, you can set up an LLC without needing to be physically present in the U.S. or have a U.S. address. However, you will need a Registered Agent (a third party who will accept legal documents on behalf of the LLC) who has a physical address in California.
3. Enter Your Proposed Company Name
- Type the name you wish to check into the search box.
- It’s a good idea to check variations and related names to ensure no other business is using a similar name.
4. Review the Search Results
- The search will show you a list of existing businesses with similar or matching names.
- If the name is already taken or too similar to an existing name, you may need to choose a different one.
5. Check for Trademark Conflicts
- While the Secretary of State’s database checks for availability within California, it doesn’t search for federal trademark conflicts.
- If you plan to trademark the name or operate in multiple states, you should also check the United States Patent and Trademark Office (USPTO) database for potential trademark conflicts.
- USPTO Trademark Database Search: TESS (Trademark Electronic Search System)
6. Reserve Your Business Name (Optional)
- If you’ve found an available name and want to reserve it, you can do so through the California Secretary of State’s online portal for a small fee (typically $10).
- You can reserve a name for up to 60 days while you finalize your business registration.
7. Register Your Business
- Once you’ve confirmed the name availability, you can proceed to file the necessary paperwork to formally register your business entity with the California Secretary of State.
- For an LLC, you’ll file Form LLC-1 (Articles of Organization).
- For a Corporation, you’ll file Form ARTS-PER (Articles of Incorporation).
Additional Resources:
- California Secretary of State Business Programs: California Secretary of State Business Programs
- California Online Services for LLCs and Corporations: California Business Entity Filings
If you’re based in the UK and not yet familiar with California’s regulations, be aware that the process for incorporating a business in California is similar to the UK but with some key differences, especially regarding taxes, permits, and business licenses. You may also want to consult with a U.S.-based legal or business advisor to ensure you’re complying with state and federal laws, including obtaining a Federal Employer Identification Number (EIN) from the IRS, if applicable.
Related reading:
Check if a company name is available in the UK
How to Check Company Name Availability in Texas
How to Check Company Name Availability in Florida