How to Form an LLC in Florida

Introduction

Forming an LLC in Florida is a great way to start your business. It gives you the protection of limited liability and flexibility to structure your company as you see fit. There are several steps that must be taken when forming an LLC in Florida, so be sure to review them all before starting this process.

Choose a Name for your LLC.

The first step in forming an LLC is choosing a name. The name of your business must be unique, not too similar to other names, and not misleading. It should also avoid being too generic, as it could confuse customers about what kind of goods or services you provide. When selecting your LLC’s name, keep in mind that you may need to register with state or federal agencies with similar acronyms (e.g., FDLE for Florida Department of Law Enforcement).

Appoint a Florida Registered Agent.

A Florida Registered Agent is a person that acts as the representative of an organization. The Registered Agent must be available during normal business hours to accept service of process, and they must have an address in Florida. The registered agent may also be required to have a business license or tax ID number issued by the state of Florida.

The following information is required from your Florida Registered Agent:

• Name, Address and Phone Number
• Residency Requirements – Must live in FL for at least 30 days prior to appointment
• Requirements for Accepting Service of Process – Must provide a mailing address within FL that will accept legal papers on behalf of your LLC

File Articles of Organization.

The first step to forming an LLC in Florida is filing the Articles of Organization with the Florida Department of State. The Articles of Organization must include:

• The name of your LLC
• Its purpose (the type of business it will be conducting)
• The name and address of its registered agent, who is responsible for receiving legal correspondence on behalf of the company, including notices from creditors or courts. Registered agents may be individuals or corporations; if you have multiple members, choose one person as your registered agent. You can also name yourself as your own personal registered agent. Some states require you to list additional information about how members are compensated and what percentage ownership each member owns in their initial filings; however, Florida does not require these details at this stage.

Create an LLC Operating Agreement.

Now that you’ve filed your Articles of Organization, it’s time to create an LLC operating agreement. An LLC operating agreement is an important document that serves as the constitution for your business. It outlines how members can operate the business and what their responsibilities are.

An LLC operating agreement should include:

• The name of your company
• The purpose of the company (what it does)
• Any restrictions on who can own shares in the company (i.e., non-U.S.-citizens)
• How voting will take place if there are multiple owners

Get an EIN.

An EIN is a federal tax identification number that you need in order to start a business. You can apply for an EIN online, or through the mail or fax. You can get an EIN by following instructions on irs.gov, which include:

• Filling out Form SS-4, Application for Employer Identification Number (EIN)
• Providing information about your business and its structure

The benefits of getting an EIN include:

• Securing a separate tax identification number for your LLC that will help separate it from your personal finances if you have any other businesses or investments
• Avoiding possible problems with payroll taxes and income taxes later on

Open a Business Bank Account.

Also, you will need to open a business bank account. This can be done at any bank of your choice and is usually done through an ATM or in person by going into the branch. You’ll want to consider several things when choosing a bank for your LLC:

• The location of the bank’s branches, as well as their hours of operation.
• The reputation and fees charged by that particular lender.
• The services available from this financial institution, such as online banking and automatic bill payment functions. If you want easy access for depositing checks or making withdrawals without having to physically go into the branch every day (or even weekly), these are important considerations!

Learn More About How to Form an LLC in Florida.

• How to Form an LLC in Florida
• Learn More About How to Form an LLC in Florida

Takeaway:

The takeaway of this article is that you can form an LLC in Florida by taking the following steps:

• Set up your business entity by filing articles of organization with the state.
• Appoint officers, such as a president and secretary.
• Determine how to split profits and losses among owners, if you have them.

If you have any questions about forming an LLC in Florida, reach out to us at [email protected]

Conclusion

Now that you’re familiar with the steps to form an LLC in Florida, you can get started on your new business. If you have any questions along the way, feel free to reach out to us at LegalZoom or one of our partners. We’re here to help!