How to Get California LLC Statement of Merger Form



A Statement of Merger is a legal document that LLCs in California must file when they merge with another business entity. The Statement of Merger outlines the terms of the merger, including the details of the LLC's new structure and ownership.

Obtaining a California LLC Statement of Merger form is an important step in the process of merging two or more business entities. The form must be completed accurately and filed with the California Secretary of State in a timely manner to ensure that the merger is legally recognized and the LLC is in compliance with state law.

In this blog post, we will provide an overview of the steps involved in obtaining a California LLC Statement of Merger form. We will also explain what a Statement of Merger is, why it's important for LLCs in California, and how to fill out and file the form correctly. Whether you're a business owner, attorney, or other professional, this guide will help you navigate the process of obtaining a California LLC Statement of Merger form with confidence

What is a Statement of Merger?

A Statement of Merger is a legal document that LLCs in California must file when they merge with another business entity. This document provides details of the merger, including the terms of the agreement and the structure of the new entity.

Filing a Statement of Merger is required by the California Secretary of State to ensure that the merger is legally recognized and that the LLC is in compliance with state law. Failure to file a Statement of Merger can result in penalties, fines, and legal disputes.

The purpose of filing a Statement of Merger is to provide transparency and clarity regarding the terms of the merger. The document outlines the structure of the new entity, including the names and ownership percentages of the members or shareholders. It also specifies the terms of the agreement, such as the transfer of assets, liabilities, and other obligations.

An LLC might need to file a Statement of Merger in several situations, such as:

  • Merging with another LLC or business entity to form a new LLC
  • Acquiring another business entity and merging it into the LLC
  • Being acquired by another business entity and merging into it
  • Changing the ownership structure of the LLC through a merger

In each of these situations, the Statement of Merger serves as an important legal document that helps to ensure a smooth and transparent transition for all parties involved.

How to Obtain a California LLC Statement of Merger Form

There are several ways to obtain a California LLC Statement of Merger form, including online and by mail. The following are the steps for each method:

Obtain the form online

  • Visit the California Secretary of State's website
  • Navigate to the LLC Forms page
  • Locate the Statement of Merger form
  • Download and print the form

Obtain the form by mail

  • Send a written request to the California Secretary of State's office, including your name, address, and the name of the LLC for which you need the Statement of Merger form
  • Include a self-addressed stamped envelope and a check or money order for the appropriate fee
  • Mail the request to the following address: Secretary of State, Business Entities Filings, P.O. Box 944228, Sacramento, CA 94244-2280

The fee for obtaining a Statement of Merger form is currently $70, as of the time of writing.

It's important to note that the California Secretary of State's office may take several weeks to process mail requests, so it's recommended to obtain the form online if possible.

How to Fill Out a California LLC Statement of Merger Form

The California LLC Statement of Merger form, also known as Form LLC-4/8, has several sections that must be completed accurately to ensure that the merger is legally recognized. Here's an overview of the different sections of the form and their purpose:

  • Name of the LLC: This section requires the name of the LLC that is filing the Statement of Merger form.
  • Merger Information: This section requires the name of the other entity involved in the merger, as well as the effective date of the merger.
  • Information About the Surviving Entity: This section requires information about the surviving entity, including its name and address, as well as the names and addresses of its officers and directors.
  • Information About the Merged Entity: This section requires information about the merged entity, including its name and address, as well as the names and addresses of its officers and directors.
  • Signatures: This section requires the signatures of authorized persons for both the surviving entity and the merged entity.

To fill out the form accurately and efficiently, follow these tips:

  • Use the instructions provided on the form as a guide.
  • Double-check all information to ensure accuracy.
  • Use black ink and write legibly.
  • Use additional pages if necessary to provide all required information.

Here's an example of how to fill out the first section of the form:

Name of the LLC: Enter the legal name of the LLC that is filing the Statement of Merger form. For example, if the LLC's legal name is "Smith LLC," enter "Smith LLC" in this section.

Here's a template to help guide readers through the process of filling out the form:

Name of the LLC: ____________________________

Merger Information:

Other Entity Involved in Merger: _________________________

Effective Date of Merger: _______________________________

Information About the Surviving Entity:

Name: ___________________________________________

Address: _________________________________________

Officer Name(s): ___________________________________

Director Name(s): __________________________________

Information About the Merged Entity:

Name: ___________________________________________

Address: _________________________________________

Officer Name(s): ___________________________________

Director Name(s): __________________________________

Signatures:

Signature of Authorized Person for Surviving Entity: ___________________________

Printed Name and Title: ____________________________________________________

Date: _________________________________________________

Signature of Authorized Person for Merged Entity: ______________________________

Printed Name and Title: ____________________________________________________

Date: _________________________________________________

Remember to double-check all information before submitting the completed form to the California Secretary of State's office.

Filing the California LLC Statement of Merger Form

Once the California LLC Statement of Merger form is completed, it must be filed with the California Secretary of State's office along with any required fees or supporting documents. This filing can be done either online or by mail.

The filing fee for a Statement of Merger is currently $70.

It's important to note that the California Secretary of State's office may take several weeks to process mail filings, so it's recommended to file the form online if possible. If you have any questions or concerns about filing the California LLC Statement of Merger form, you can contact the California Secretary of State's office directly.

Conclusion

In conclusion, a Statement of Merger is an important legal document required for LLCs in California that are involved in a merger. This document must be filed with the California Secretary of State's office to ensure that the merger is legally recognized. To obtain and fill out the California LLC Statement of Merger form, LLCs can either download the form online or request it by mail, and then follow the instructions provided on the form.

Once the form is completed, it can be filed online or by mail, along with the appropriate filing fee. It's important to double-check all information before filing the form to avoid any errors or delays in the processing of the merger. If you have any questions or concerns about filing a California LLC Statement of Merger form, it's recommended to seek professional advice from a qualified attorney or accountant.

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