Corp filing questions: Anyone done conversion from CA corp to CA LLC, the same day filing recently? When did you get the evidence back? Possible to do CA corp (to CA LLC first then) to DE LLC conversion on the same day?

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Yes, but you can only use expedited processing if you file electronically, which is only available if the company has full access to their online business record with bizfile (they would have received a PIN in the mail earlier this year when the new online system was launched). They will also need to grant access from within their bizfile account to the filer.

However, because 4-hour processing isn’t currently available, you won’t be able to file to effect the CA LLC to DE LLC conversion the same day because the cut-off for same-day expedited processing in California is 9:30 a.m., so by the time you get evidence of filing for the first conversion back, it will be too late to file to effect the second (at least in California, and I’m assuming you care about the CA and DE effective dates being the same).

Also be aware that rejections in California, unlike in Delaware, will reset the effective date to whenever you resubmit.

Lastly, note that the CA Corp to CA LLC Articles require two signatures by the specific officers authorized by the relevant statute, and those two individuals will need to be available to sign electronically live when the filing is submitted (they’ll receive an e-mail from bizfile).

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Paralegal you want to lateral over? You’re the GOAT

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Ask a paralegal at your firm

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As a litigator, I don’t know but why you couldn’t do CA corp to DE LLC directly? Why the extra CA LLC step? M&A is weird.

California doesn’t have statutory provisions for the conversion of a CA Corp to a foreign entity. Some states don’t have conversion statutes at all and require a merger.

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