California Corporations Code section 17701.13 requires limited liability companies to continuously maintain in California an office and an agent for service of process. It also requires an LLC to maintain specific enumerated company records in writing or “in any other form capable of being converted into clearly legible tangible form” at the limited liability company’s designated office. It is unclear whether records stored “in the cloud” or on a computer located in a different location, satisfy this statutory requirement.
Without judicial or legislative guidance on whether cloud or remote storage of the enumerated records that are to be maintained at the LLC’s designated office will comply with the statute, it makes sense to keep printed up-to-date print hard copies, or electronic copies on a resident computer or server in the LLC’s office.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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