To form a Limited Liability Company (LLC) in Florida, you must follow certain steps as required by the Florida Business Corporation Act.
1. Choose a Name for Your LLC:
You must choose a name for your LLC that is distinguishable from the names of other businesses registered with the Florida Division of Corporations. You can search the Division’s records to make sure your chosen name is available.
2. File Articles of Organization:
To legally form your LLC, you must file Articles of Organization with the Florida Division of Corporations. In these articles, you will describe the purpose of your LLC, the name and address of the LLC’s registered agent, and the management structure of your LLC, among other things.
3. Obtain an EIN:
Most LLCs need an Employer Identification Number (EIN) from the IRS for tax purposes. You can apply for an EIN online with the IRS.
4. Draft an Operating Agreement:
Although not required by Florida law, it is highly recommended that you create an operating agreement for your LLC which outlines the roles, responsibilities, and ownership structure of the LLC, as well as other important rules and procedures.
5. Pay the Required Fees:
Once you have filed your Articles of Organization, you will need to pay the required filing fees to the Florida Division of Corporations.
Possible Limitations or Exceptions:
- LLCs engaged in certain regulated activities may need to obtain additional licenses or permits from the state.
- If you are not a resident of Florida, you may have to appoint a registered agent who is a resident of the state.
Further Action:
- Consult with a licensed attorney to ensure compliance with all relevant laws and regulations.
- Obtain a Certificate of Status (also called a "Certificate of Good Standing") from the Florida Division of Corporations to prove that your LLC is in good standing and authorized to do business in the state.
- Register your LLC with the Department of Revenue if you are subject to state taxes.
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