How To Form an LLC In Florida
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1. Choose a Name for Your Florida Limited Liability Company
Check for an Available Name for the LLC in Florida: When you are preparing to form an LLC in Florida, you need to find a unique name for your company. You can search databases online and in other records before you file to be sure that the name that you want to use is available and not in use by another LLC in the state. There is a business entity database that you can search online at the official website of the Florida Secretary of State at Florida LLC.
Reserve a Name for Your Florida LLC: You don’t have to reserve a name before you file to form an LLC in Florida, but if you would like to reserve a name before you file you may want to contact the office of the Florida Secretary of State.
Filing for Trademarks Protection and Doing an LLC Name Search: After you search databases and other records, you may learn that the name that you want to use to form your LLC is available in Florida but in use by another company somewhere else in the country. You could find that there are several restrictions on how you can use the name that you have chosen for your LLC. You can go to how to choose a name for your llc to learn more about choosing a name for your LLC.
Florida LLC Name Requirements: Remember to include the designation "LLC," “L.L.C.,” or "Limited Liability Company" in the name of your Limited Liability Company in Florida. You should also remember that the term “LLC” stands for “Limited Liability Company” and not “LLC Corporation, “Limited Liability Corporation,” or anything else related to a corporation. A Limited Liability Company is a different kind of business entity than a corporation.
2. Find a Registered Agent in Florida
When you are preparing to form your Limited Liability Company in Florida, you need to select a registered agent that will act as an agent for service of process and will receive all tax documents, legal notices, and other official notices for your company. There are corporate service companies that provide registered agent services to LLCs for a fee that is generally between about $75.00 and $150.00.
3. File Articles of Organization with the Florida Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your LLC must contain the name and purpose of your LLC, the address of your principal office, the name and address of your registered agent, and the names and addresses of the managers. The Articles of Organization must be signed by a member of the LLC before you submit the document. You can download a form for this document at Florida LLC.
Other Florida Legal Provisions: You will definitely want to consider including other clauses in addition to the minimum requirements listed above when you go to create your Articles of Organization. A lawyer can help you to create Articles of Organization that will include the additional clauses that are most relevant and beneficial for your company.
Where to Submit the Articles of Organization for Filing: You should submit your Articles of Organization to the Registration Section, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314.
Filing Fee: The fee to file Articles of Organization in Florida is $125.00.
4. Form a Florida Limited Liability Company Agreement (Operating Agreement)
After forming your Limited Liability Company in Florida by filing Articles of Organization, you will need to create your LLC Agreement. This Agreement governs aspects of your LLC and actions between the members. Your LLC Agreement needs to be signed by all the members of the LLC. In general, LLCs are operated in a more simple way than corporations are operated. The details of your company’s LLC Agreement will depend on many factors, such as the number of people involved, how much money is being invested, how the money will be distributed, and whether the company will be managed by a manager or by the members. The details of your company’s LLC Agreement will also depend on the purpose of your LLC. For example, the LLC Agreement of an LLC that will be used to operate a retail store will most likely be different than the LLC Agreement of an LLC that will be used to own and develop real estate or the LLC that will be used for some other purpose. A lawyer and an accountant can help you to create an LLC Agreement that complies with all state requirements and federal tax laws.
There are other documents that you need to create or file after forming an LLC in Florida. You will probably need to create securities filings, obtain an EIN from the IRS, and obtain a business license. Companies exist that make these kinds of filings for LLCs for a fee. You can check out our online guide at http://www.cityapplications.com/business-licenses.html to learn more about how to get a business license in your city.
5. Qualify your Florida LLC to Do Business in Other States
You should find out if you need to register or qualify your LLC to do business in your home state if your main office is located in another state. In most states LLCs are required to qualify in order to do business. You will most likely be required to pay taxes in your home state. You can go to [Qualifying to Do Business in Other States] to learn more about how you can qualify your LLC to do business in another state.
6. Make Annual Filings and Pay Annual Taxes in Florida
You will need to file an annual report in Florida once your LLC is registered. The report is due between January 1st and May 1st each year. You can file your annual report online at Florida LLC. The fee is $138.75 for this report. You will also need to file a tax report and pay taxes annually once you have a registered LLC in Florida. You can visit the official website of the Florida Department of Revenue at Florida LLC to learn more about the taxes that apply to your LLC and to download tax forms.
It can be a fairly complicated process to form an LLC, especially when there is more than one person involved. An accountant and an attorney can help you during this process so that you can feel confident that an LLC is right for you and that all your paperwork is processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.