Do I need a lawyer to Form a LLC in Florida? |
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The short answer is no.
The state of Florida does not legally require a lawyer to form a
Florida Limited Liability Company (LLC).
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The short answer is no.
The state of Florida does not legally require a lawyer to form a
Florida Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Florida LLC.
However, if there is anything about Forming a LLC in Florida
that you're not sure about you should seek the advice of a competent Florida lawyer, a Florida accountant,
or a Florida Business advisor before you form a LLC in Florida.
Once you have made the decision to Form a LLC in Florida, a Florida lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Florida Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Florida?
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| You cannot reserve a Company name for a new Florida LLC before you submit your application to Form a LLC in Florida.
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What if the Florida LLC Name I want is already taken?
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If the Name you have chosen for your new Florida LLC is already in use by a currently active
Florida Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Florida Secretary of State. "DBA" is an abbreviation for "Doing Business As."
In Florida a DBA Name is called a Fictitious Name.
We verify that the Name you have chose for your new Florida LLC is available before we submit
your new LLC filing to the Florida Secretary of State.
If necessary we can register a Fictitious Name in Florida for you so that you can open your new Florida business as quickly as possible.
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What do I have to do to Form a LLC in Florida?
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6 things you have to do in order to Form a LLC in Florida.
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6 things you have to do in order to Form a LLC in Florida.
1. Choose a name for your Florida LLC
2. Select an official address and a Registered Agent for your Florida LLC
3. Determine who will be Members and who will Manage your Florida LLC
4. Determine how you want your Florida LLC to be taxed
5. File Articles of Organization with the Florida Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Florida LLC
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Your Florida LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Florida LLC name that you choose must be distinguishable from the name of any other registered Florida LLC or other
registered Florida business entity, such as a Florida Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Florida.
Your Florida LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Florida LLC name must not be a name that is likely to mislead the public.
Florida LLC names must contain as the last words of the LLC name, "Limited Liability Company" or "Limited Company," or the abbreviations "L.L.C." or "L.C.," or the designations "LLC" or "LC".Â
The word "Limited" may be abbreviated as "Ltd.," and the word "Company" may be abbreviated as "Co".
It's important to choose a good name for your Florida LLC because if you want to change it after you
Form a LLC in Florida you
will have to file amended Articles of Organization with the Florida Secretary of State (and pay a fee).
We will:
- Check to make sure that your Florida LLC name is available
- Make sure your Florida LLC name conforms to state of Florida regulations
- Reserve your Florida LLC name with the Florida Secretary of State
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2. Select an official address and a Registered Agent for your Florida LLC
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Every Florida LLC must have an address that is physically located in the state of Florida.
This address is "registered" with the Florida Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Florida to receive all correspondence on behalf of the Florida
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Florida LLCs hire a Registered Agent because they don't have a physical
address within the state of Florida or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Florida LLC.
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3. Determine who will be Members and who will Manage your Florida LLC
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The owners of a Florida LLC are called Members - not Partners or Shareholders.
(a Florida Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Florida LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Florida LLC must have at least one Member.
Members need not live in the state of Florida or be citizens of the United States.
Managers are responsible for the day to day operation of the Florida LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Florida LLC.
Management for your Florida LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Florida LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Florida LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Florida LLC is created.
If a single Member Florida LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Florida LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Florida LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Florida Secretary of State
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A Florida Limited Liability Company is a type of business that is authorized by the state of Florida - not by the federal government.
In order to form a LLC in Florida you must file Articles of Organization with the Florida Secretary of State.
The Articles of Organization must include certain specific information about your Florida LLC.
If the Articles do not conform exactly to state of Florida requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Florida LLC but you will have to pay a fee to the state of
Florida in order to make the changes official.
- We can prepare and file your Articles of Organization with the Florida Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Florida LLC.
All Florida LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Florida LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Florida LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Florida LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Florida LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Florida LLC as soon as it is approved by the Florida Secretary of State.
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What do I have to do after I form my Florida LLC? |
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5 things you have to do after you Form a LLC in Florida.
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5 things you have to do after you Form a LLC in Florida.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Florida for your FL LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Florida LLC reports
5. Keep proper records of your Florida LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Florida LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Florida LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a Florida LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Florida, if you plan to form a multiple Member Florida LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Florida LLC grows over time, you may amend your Operating Agreement as necessary.
When your Florida LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Florida.
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2. Open a Business Bank Account in Florida
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It's very important that you have a separate business bank account for your Florida LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Florida Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Florida LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Florida LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Florida LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Florida LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Florida LLC vary depending on your business activities
and the specific locations within the state of Florida in which you want to conduct business.
If your Florida LLC will be selling products in Florida you may be required to obtain a Reseller's Permit from the appropriate
Florida state agency.
If your Florida LLC will be selling products in Florida you will also be responsible for all applicable local and state of Florida
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Florida LLC package.
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4. File the required Florida LLC reports
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All Florida LLCs are required to file an Annual Report with the Florida Secretary of State.
The Florida includes basic information about your Florida LLC.
Failure to submit a properly completed Florida to the Florida Secretary of State on or before the
due date may subject the Florida LLC to being administratively dissolved in the state of Florida or having its authority to
transact business in the state of Florida revoked by the Florida Secretary of State.
Penalties may accrue if you fail to file any Florida LLC to the Florida Secretary of State
by the due date.
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5. Keep proper records of your Florida LLC on file
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Keep the following records on file and available at the principal business office of your Florida LLC:
- Names and addresses of all Members and Managers of the Florida LLC
- Articles of Organization for the Florida LLC and any Amendments to them
- Copies of all tax returns and reports for the Florida LLC for the last 3 years
- If the Florida LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Florida LLC
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What information do I need in order to Form a LLC in Florida? |
In order to Form a LLC in Florida you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Florida LLC's Registered Agent.
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In order to Form a LLC in Florida you'll need the following information about your new Company:
- The name of your new Florida LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Florida (not a PO Box)
- Name and address of your Florida Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Florida LLC
- Who is going to manage the day to day operation of your Florida LLC
- The number of Managers of your Florida LLC
- Names and addresses of each Manager of your Florida LLC
- When your Florida LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
You do not have to name the Members of a
Florida LLC in the Articles of Organization.
While you are not required to name the Members of a new Florida LLC you still may include Member information with your initial
Florida LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Florida becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Florida.
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How long does it take to Form a LLC in Florida? |
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Processing times for new Florida LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Florida Articles of Organization takes the state around 3 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Florida LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE FLORIDA SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Florida Secretary of State.
In our experience 3 business days is the time it usually takes the Florida Secretary of State to process
a new Florida LLC application.
We get your Florida LLC application to the FL Secretary of State ASAP. Once it is at the state we have no control over the new Florida LLC application process.
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Are there any Expedited Processing Options for new FL LLC Filings?
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Florida processing times for new Florida LLC filings can vary depending on the staff work load at the FL Secretary of State's office. If you need your new Florida LLC approved quickly, for $175 we can usually get approval with 48 hours.
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How much does it cost to Form a LLC in Florida? |
The state of Florida charges $163.75 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the FL Secretary of State.
If you choose All Business Documemnts to help you form your LLC in Florida, our processing fees are $125.00.
We start processing your new Florida LLC order as soon as we get it.
Total cost includes:
- Prepare Articles of Organization
- File Articles of Organization with the Florida Secretary of State
- Certified Copies of Articles
- Florida LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Florida Foreign LLC Qualification |
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You want to do business in the state of Florida but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Florida you must register with the Florida Secretary of State as
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You want to do business in the state of Florida but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Florida you must register with the Florida Secretary of State as
a Florida Foreign LLC.
The process of registering as a Foreign LLC in the state of Florida is called Florida LLC Foreign Qualification.
The process of Florida LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Florida.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Florida Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Florida Foreign LLC.
Click here for specific requirements for
Florida LLC Foreign Qualification.
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