It is extremely quick and easy to form an LLC in the state of Florida. As with starting any business you will have to have a business name that you can register. There are various tools that you can use to make sure your chosen company name is not already in use and that the website url is still available. Under Florida law your company name must include the words “Limited Company”(LC) or “Limited Liability company” (LLC).
After you have decided on a name and confirmed the availability, the next step is to appoint a registered agent for your Florida LLC. The registered agent must have a residential address in Florida and will submit all the legal documentation on behalf of your LLC.
In order to create an LLC in the state of Florida you will have to file Articles of Organization with the Florida Division of Corporations. This will cost $125 and can be done online with a credit card, in person or via mail. You will need this legal document to create your Florida Limited Liability Company (LLC).
The Articles of Organization must include:
- The street and mailing address of the LLCs main office
- The name, address and signature of the agent representing the LLC
- The addresses and names of all the manager/s within the LLC
- If the effective date is other than the date of filling, this will have to be included and,
- The signature of an authorized member or a member of the LLC
You are not required to have an operating agreement in Florida, but it is still advised to do so. This is a document that outlines how your LLC will operate as well as defines the roles and responsibilities of all the managers in the LLC. This document will also serve as protection for your limited liability company to show that it is a separate business entity. The operating agreement can be submitted with the Articles of Organization.
Your LLC might require additional tax regulatory requirements and it is important to ensure that your LLC complies. You will need to obtain an Employer Identification Number (EIN) should your LLC comprise of more than one member. Should your LLC only have one member (owner), you will only need to apply for an EIN if you elect to tax your LLN as a corporation and not a disregarded entity.
You might also have to register for a state business licence depending on your type of business and where it is located. More information regarding business licences can be found on the states website.
Lastly, if your LLC is going to be selling goods or if you have employees, you will have to register with the Florida Department of Revenue. This can easily be done online.
As a registered and operating LLC in Florida, you will be required to file an Annual Report to the state. The timeframe for filing the report online is between the 1st of January and the 1st of May. Any late filings will be met with a penalty fee so it is important to ensure the report is filed on time. Reminders are sent out via email to the LLCs address submitted when registering.
In cases where an LLC is already created out of the state of Florida, it will have to be registered with the Florida Secretary State in order to be able to do business in the state of Florida. An agent must be appointed that has a registered address in Florida. The agent will assist you in the required documentation that needs to be filed. The filing fee is $125, but before any documentation is filed, you will need to check the availability of the LLC name by checking the Florida Division of Corporations business name and database. An alternative name will have to be used should the existing name of the LLC no longer be available.