In California, a limited partnership is formed by filing a Certificate of Limited Partnership (the “Certificate”) with the Secretary of State. The Certificate must include certain information, including a name, the street address of the initial office, the name of the initial agent for service of process, the name and address of each general partner, and the mailing address of the limited partnership. The Certificate must be signed and acknowledged by all of the general partners. The limited partnership is then formed as of the date it is filed.
The partners must enter into an oral or written agreement either before or after the Certificate is filed. Additionally, because a limited partnership is a separate taxpaying entity, a taxpayer identification number must be obtained. There are numerous state and federal requirements to comply with after being formed. If you need guidance forming a limited partnership, contact our office for assistance.
