A limited liability company, or LLC, can be formed under Florida law by filing the appropriate forms with the Department of State's Division of Corporations. The Florida Department of State maintains a robust website with numerous searchable databases and electronic filing that makes LLC formation in the sunshine state relatively easy. Some Florida LLCs will also have to register to collect taxes prior to doing business.
Choose a name and check availability. The division of corporations allows you to search business names, fictitious names and trademarks registered in the state. You should check your proposed name against all these databases to ensure it is not already in use or too similar to a competing company. The name must also meet the requirement of section 608.406 of the Florida Statutes, which requires the words “limited liability company,” the abbreviation “L.L.C.,” or the designation “LLC” as the last words of the name.
Establish a principal office and choose a registered agent. To successfully form your company, you will have to have a physical office in the state of Florida and a registered agent who is available to receive service of process at that office during normal business hours. If you do not have these, you can hire a private registered agent service.
Draft and file articles of organization. The Florida Division of Corporations has a downloadable form for the articles of organization that meets the requirements of state law (see References). You can file the articles by mailing the completed form with a check and the fee, which as of 2011 is $125, to the Florida Department of State to Registration Section, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314. Add $30 to the total to receive a certified copy and/or $5 to receive a certificate of status. Alternatively, you can file online (see Resources).
Request an Employer Identification Number (EIN) from the IRS if your LLC has more than one member and/or will have employees.
- In addition to registering your LLC with the department of state, it may be necessary to register with the Department of Revenue. Certain types of businesses are required to collect sales and use taxes, and, therefore, must register.
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