When forming an LLC in Florida, there is a legal requirement that you must meet. You must appoint a registered agent. There are no exceptions to this rule. Every Florida LLC must have an appointed registered agent on file that is identified as part of the public records about the LLC.
Florida statute 605.0113, under the Florida Revised Limited Liability Act, requires each Florida LLC to appoint a registered agent. Having a registered agent is a requirement to conduct business in the state.
In this overview of a Florida registered agent, you will learn what a Florida registered agent is, what a registered agent does, and how a registered agent may help you establish a physical presence in the state of Florida.
A registered agent is the official address for the service of process for the LLC in Florida. All legal notices will go to the address of the Florida registered agent for the LLC. This address is part of the public record and is on file with the Florida Division of Corporations.
The owners of the LLC may be out-of-state investors or foreign persons or entities; however, the resident agent for an LLC must be located physically in Florida.
Process servers need to know who will accept legal documents on behalf of the LLC. The registered agent has the responsibility to accept any legal documents and process service papers on behalf of the LLC.
If someone files a lawsuit against your LLC, then your registered agent will receive a notice of the case filing. Your registered agent must inform you right away about being served with the papers for a lawsuit.
Official Florida governmental documents such as the annual report for the LLC will use the registered agent’s address for any official government communications.
For example, if you do not file the annual report for the LLC on time with the appropriate fee, then the state of Florida will send a notice to the address of the registered agent for the LLC. The registered agent must accept the notice and then inform the appropriate person of the LLC who is responsible for the LLC’s compliance issues.
Your registered agent will also receive tax forms with tax return information and tax-related letters from all tax authorities. If your Florida LLC becomes the subject of a tax audit, the notice for the audit will be sent to your registered agent’s address.
There are three ways to meet this requirement of a registered agent in Florida:
We provide resident agent service and much more for our clients with Florida LLCs.
An LLC may not serve as its own registered agent; however, a person related to the LLC in some way, like a Managing Director, owner, or an affiliated person, may assume this role. Any adult person over the age of 18 years old who is a resident of Florida with a physical address in the state may serve as your LLC’s resident agent.
As long as the company maintains a physical office in the state, that address may perform double duty by serving as the registered agent’s office. Please note that a post office box or a mailing service does not meet the requirements of having a physical office in the state.
You can designate a P. O. Box or mail service address to be your LLC’s mailing address, but you still need to identify your physical address for the LLC in Florida. A registered agent service meets this requirement of needing to have a physical address in Florida.
If your registered agent is an adult person, they must give their full legal name and physical address to the state. They must be available at that physical address during normal business hours. This information becomes a part of the public record.
If a package, legal documents, a certified letter, or other documents are delivered, this person must be available to accept them and sign for them.
Being available during business hours is a key consideration. If a person travels a lot and is never in their Florida office, they would not make a good, registered agent.
Many companies prefer to use our resident agent services for the confidence that this gives them and to ensure any delivered legal documents are legally accepted. Upon acceptance by the registered agent’s office, these important documents are immediately processed for electronic delivery to the appropriate person(s).
Your company instructs the registered agent to send a copy of these legal documents to whomever you want to handle the matter. You get a copy, and a copy can also be forwarded to your legal counsel.
It is important for all Florida LLCs not to create legal jeopardy by failing to process legal documents appropriately, notify the correct person(s), and do so promptly.
A Florida LLC can be a registered agent for another company in Florida. However, an LLC cannot be its own registered agent in the state of Florida. Nevertheless, you as an individual or another related party may serve in this role as the registered agent of the LLC.
You must accept when being a registered agent that your physical address in the state is made public. The address might be your home. Public release of such information may bring up privacy concerns if your home address is added to the public record.
To avoid this, if your company has a physical office in the state, you can use the company’s business address instead of your home address.
In the original filing of your articles of organization for your LLC, in Article III, you will designate the registered agent’s name and physical address (a P.O. Box is not allowed) in the state of Florida. See the instructions for more details.
The registered agent agrees to the following statement and signs the filing document.
“Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in Chapter 605, F.S.”
If the Articles of Organization are filed online, the resident agent types their name into the form, which serves as their signature. Ensure that the actual resident agent either agrees to the statement and gives permission to use their name or types their name. Typing someone else’s name without their consent on this form is considered forgery under Florida law.
For online filings, you will receive confirmation that your filing was accepted (or rejected) by email. You will not receive a confirmation by regular mail.
If you file by mail, get the form for the Articles of Organization, print it out, fill it out, and have the parties sign it. Send the form with a check for the correct fees.
Here is the contact information.
To send the form by U.S. mail, send it to:
New Filing Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
To send the form by courier, send it to:
New Filing Section
Division of Corporations
The Centre of Tallahassee
2415 N. Monroe Street, Suite 810
Tallahassee, FL 32303
The filing fee for the Articles of Organization is $100, and the Designation of Registered Agent is $25 for a total of $125 for online filing or filing by mail. An optional copy of the certified filing is $30 additional.
For filings by mail, you will receive confirmation that your filing was accepted (or rejected) by mail. This confirmation will be sent to the mailing address of the resident agent given in the application.
Download the Statement of Registered Agent/Registered Office Change. Print it out. Fill it out. Sign it. Mail it with a check for the appropriate fee. The fee is $25 for filing or $55 for filing and a certified copy of the filing. Your confirmation will come in the mail to the address you designate on the form to receive correspondence about this matter.
You must send the form by mail unless you change the registered agent when you file your annual statement online.
To send the form by U.S. mail, send it to:
Registration Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
To send the form by courier, send it to:
Registration Section
Division of Corporations
The Centre of Tallahassee
2415 N. Monroe Street, Suite 810
Tallahassee, FL 32303
Using us as your Florida registered agent service gives you the following benefits:
We are always open during business hours and capable of receiving anything for your LLC, then informing you about what arrived. You don’t want to miss any filing deadlines because you failed to respond to an official request in time, simply because you were away from your office.
Hiring a company to be your registered agent in Florida is the perfect solution for a home-based business. You can still conduct your business from your home. However, there is no need to disclose personal and private information such as your home’s physical address in Florida.
You can be confident that you are in compliance with the requirements of a registered agent under the state law of Florida.
If you travel frequently and are out of state often, you will feel secure knowing that we are there to accept documents when you cannot be there. You will get timely notice of important requirements, such as the date when your annual report is due.
We can scan and convert documents to a digital format to send them to you by email. All backup documents are kept in the storage of the registered agent service, so if you ever need them in the future, you will always have access to a digital copy of those important documents.
It makes perfect sense to use a registered agent service in Florida to take care of these important issues, compliance requirements, and responsibilities that the job entails.
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. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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