Unlike an S corporation, any “person”–i.e., any individual, partnership, limited partnership, trust, estate, association, corporation, other limited liability company, or other entity, whether domestic or foreign–can be a member of an LLC. See Corp C §17001(ae).
In order to establish an S corporation in California, your LLC must meet all of the following criteria: An S corp can have no more than 100 shareholders. An S corp can carry only one class of stock. All S corp shareholders must be legal U.S. citizens or residents.
7 Simple Steps to Convert Your Sole Proprietorship into an LLC Choose a Business Name. Update Your Contracts. File Articles of Incorporation or Organization. Write an LLC Operating Agreement. Apply for an EIN. Open a Business Bank Account. Update Your Business Permits and Licenses.
In most cases, if your state allows you to convert an S Corp to an LLC, you'll be required to prepare a plan of conversion outlining the details of the entity change. You may also be required to gain the approval of the board of directors before you're able to present the conversion to your shareholders.