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What are the steps required to form a limited liability company (LLC) in Florida?

Picture of Chris Battis By   ·  1 minute read

To form an LLC in Florida, there are several steps that need to be taken. Here is a summary of the process:

  1. Choose a name for your LLC: The first step is to choose a name for your LLC that complies with the requirements of the Florida Division of Corporations. The name should be distinguishable from other business names in Florida and should include the words "Limited Liability Company" or "LLC".

  2. File Articles of Organization: The next step is to file Articles of Organization with the Division of Corporations. The Articles of Organization need to include basic information about your LLC, such as the name, address, and registered agent. The filing fee for Articles of Organization is $100.

  3. Obtain an Employer Identification Number (EIN): An EIN is a unique identification number assigned by the IRS to your LLC for tax purposes. You can apply for an EIN online through the IRS website.

  4. Create an Operating Agreement: While not required by Florida law, it is highly recommended to create an operating agreement for your LLC. An operating agreement outlines the ownership structure, management, and other important details of your LLC.

  5. Obtain any necessary licenses and permits: Depending on the nature of your business, you may need to obtain specific licenses and permits from local and state authorities.

It is important to note that there may be additional requirements depending on the specific circumstances of your LLC formation. It is recommended to consult with a qualified attorney or business formation service to ensure all necessary steps are taken and all legal requirements are met.

In addition, while an LLC provides liability protection for its members, there are certain circumstances where that protection may not apply. For example, if a member engages in fraudulent or illegal activity, they may not be protected by the LLC's liability shield. It is important to seek legal advice to fully understand the limitations and exceptions of an LLC's liability protection.

Overall, forming an LLC in Florida involves filing required paperwork, obtaining an EIN, creating an operating agreement, and obtaining any necessary licenses and permits. While the process may seem straightforward, it is important to fully understand the legal requirements and limitations of LLC formation.