Form your LLC in Florida in a few quick steps.
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As an aspiring entrepreneur, you have big plans for launching an LLC in Florida. This process can look dramatically different from one region to the next, so it’s important to know exactly what LLC formation looks like in the Sunshine State.
First, the good news: Your future as a business leader in Florida is likely bright, as the state offers a lot for entrepreneurs to love. The state’s taxes are notoriously low, as is the general cost of living. Florida also boasts a strong labor market and a high growth rate for small businesses.
By taking the right steps early on, you can set yourself up for long-term success. This means not only reducing your tax burden but also keeping the risk of business disputes or compliance issues to a minimum.
To help, we’ve outlined the basic process of starting an LLC in Florida, along with oft-forgotten details that may influence your business future in the Sunshine State.
There are many reasons to form an LLC in Florida. Here are the main ones:
Legal protection in case of bankruptcy or lawsuits
Separation of personal and business assets
Tax benefits: flexibility & pass-through taxation
Increasing credibility and trust for your business
Check your LLC name is available in Florida
Choose a registered agent for your LLC
Sit back and let us take care of the paperwork!
As an aspiring entrepreneur, you have big plans for launching an LLC in Florida. This process can look dramatically different from one region to the next, so it’s important to know exactly what LLC formation looks like in the Sunshine State.
A Limited Liability Company (LLC) can provide an excellent means of entering the business world at low personal cost while also avoiding personal liability and other potential risks. This versatile option works well for sole proprietors but is also available to business partners or even members who intend to file as corporations. No matter which approach you prefer, these steps will have you on the path to LLC success.
Here are the steps you need to follow to form a Florida LLC:
Below, you’ll find a detailed explanation to walk you through each step.
The right name can make a world of difference for branding purposes, so it’s crucial that you choose carefully. Your selection will be determined by a variety of factors, including, of course, the availability of your preferred names.
Unfortunately, several titles that seem ideal for your business may already be used or even trademarked. Your goal: to find something that captures the essence of your business but hasn’t yet been claimed by someone else.
This will also be a good time to check for domain name and social handles availability, to set the ground for your new business’s online presence.
Like every state, Florida mandates the use of a registered agent when starting an LLC. This individual or company is authorized to accept official mail on behalf of your business. To qualify, your Florida registered agent must currently have a physical address — not merely a PO box — in the state of Florida.
Keep in mind that, while your business cannot function as its own registered agent, it’s possible for an individual from your LLC to take on this important role. Often, however, the LLC’s manager is selected for this task. Keep in mind, this means that the address of the registered agent will be part of the public record. Otherwise, it’s also possible to work with a legal service that specializes in serving as a registered agent for local LLCs.
As mentioned previously, a fee of $25 will need to be submitted when designating a registered agent with the Division of Corporations. All registered agents (whether initially selected when filing the articles of organization or appointed later on) must sign a statement verifying familiarity with the role’s obligations, as well as the need to provide notice upon resigning.
You’ve selected the perfect business name and filed for DBA or registered for a trademark. With these major undertakings out of the way, you should be ready for another important procedure: filing your articles of organization. This is required in the state of Florida, as in most states. If you neglect to file your articles of organization, your business will not yet constitute an LLC according to local laws.
Fees for articles of organization in Florida are $100 plus $25 for the registered agent designation.
When filing the articles of organization, it is possible — but not required — to obtain a certificate of status for a fee of $5.00. This officially certifies your LLC’s existence. Similarly, a certified, stamped copy can be requested for $30.00.
The articles of organization can look quite different from one LLC to the next, but the Division of Corporations advises that this document always includes these key elements:
Be prepared to follow up with annual reports, which must be filed to ensure that your LLC remains active. Without this report, your LLC risks being administratively dissolved.
You can file your LLC online through the Sunbiz.org website or you can mail the printed Articles of Organization for Florida Limited Liability Company form top the following address:
New Filing Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
Or by street courier to:
New Filing Section
Division of Corporations
The Centre of Tallahassee
2415 N. Monroe Street, Suite 810
Tallahassee, FL 32303
You must include a cover letter containing your name, address and daytime phone number as well as the form and check or money order made out to made payable to the Florida Department of State
Not to be confused with the articles of organization, an operating agreement provides a basic blueprint for your LLC’s governing structure, along with the rights and responsibilities of each member. This legal document can be used to help prevent disputes and provide extra peace of mind.
While operating agreements will vary significantly from one LLC to the next, most will mention the following:
Other possible elements to be included in a Florida operating agreement are outlined in detail in Chapter 605, Section 0105 of the Florida Statutes.
This section also mentions that Florida operating agreements can be created verbally or could even be implied based on LLC member conduct. That being said, it’s always preferable to complete this document in writing, as this format can have implications for liability protection.
While operating agreements are not required by state law, local regulations do outline what they can and cannot cover. For example, under Chapter 605 of the Florida Statutes, an operating agreement cannot:
No matter where you start an LLC, you’ll need to apply for an Employer Identification Number (EIN). This federal tax number is used to identify your business entity. This is true when starting your LLC in Florida, as in any other state.
The EIN is also useful for everything from building credibility to preventing identity theft. It may prove necessary if you try to open a business account or seek approval for a loan.
An EIN can be obtained directly through the IRS. The application must include the name and Social Security Number (or other taxpayer identification number) of the person responsible for the LLC’s management. Known as the “responsible party,” this individual will typically be one of the LLC’s members.
If you prefer, we can handle this essential step so you can focus on other elements of LLC formation. We are happy to streamline the process so that you receive your EIN as quickly as possible. This will ensure that you can take full advantage of it for tax or business banking purposes.
There are different costs to form an LLC in Florida and maintain it. Read this post to review them.
You need to choose a business name and check if it’s available before you file your LLC in FL. Learn more here.
LLCs in Florida are required to file an annual report with the state. Learn more to avoid penalties.
A registered agent is a mandatory step in your LLC formation process – learn more about it.
We love helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while remaining compliant with state regulations.
Here’s why people choose to form their LLC with us:
Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.
Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.
We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.
For more reviews from our customers, visit our reviews page.
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This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
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