To set up a LLC (Limited Liability Company) in Florida, there are a few necessary steps that must be taken:
- Choose a Name: The LLC name must be distinguishable from other names registered with the Florida Division of Corporations. You can do a name search on the Florida Division of Corporations website. The name typically includes "Limited Liability Company" or an abbreviation such as "LLC" or "L.L.C."
- File Articles of Organization: This is the document that formally creates the LLC. The Articles of Organization must include the name of the LLC, the name and address of the Registered Agent, the purpose of the LLC, and the names and addresses of the LLC's members. The Florida Division of Corporations provides a form that can be used to file Articles of Organization.
- Appoint a Registered Agent: Every LLC in Florida must have a Registered Agent, which is a person or entity that is authorized to accept legal papers on the LLC's behalf.
- Draft an Operating Agreement: An operating agreement is not required in Florida, but it is highly recommended. An operating agreement is a legal document that outlines how the LLC will operate, including who the members are, how profits and losses will be allocated, and how disputes will be resolved.
- Obtain any Necessary Licenses and Permits: Depending on the nature of your business, you may need to obtain state and local business licenses and permits.
- File Annual Reports: LLCs in Florida are required to file an annual report with the Florida Division of Corporations. The report includes basic information about the LLC, such as the names and addresses of the members and the Registered Agent.
It is important to note that there may be additional steps and requirements depending on the specific circumstances of your LLC. It is always a good idea to consult with a licensed attorney to ensure that all legal requirements are met.
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