You’ll want to form your Florida LLC before you create an operating agreement. Here’s a summary of the steps for setting up an LLC in Florida:
1. Choose and Register Your LLC’s Business Name
Whether you have a specific name you want for your LLC, or you’re working with a list of potential names you’ve put together, you’ll need to begin this first step by doing a search for the name you want through the state’s business entity name database.
This initial search is important because Florida requires your LLC business name to be unique. This means you won’t be permitted to register a name that’s already being used by another LLC in Florida. So if you don’t do a name search before you file your LLC paperwork, you run the risk of having your filing rejected because the name you’ve chosen is already being used by another LLC.
Florida also allows you to reserve a specific name for your LLC, for a fee of $25. Once you’ve successfully reserved a name for your LLC, it will be held for you for 120 days. This can come in handy if you’re not quite ready yet to file your LLC formation papers, but you’d like to proceed with other aspects of starting up your new business, such as purchasing a domain name or getting a logo designed.
2. Select a Registered Agent for Your LLC
A registered agent is an individual or an entity whose sole function is to accept delivery of legal or government documents on behalf of your LLC. You’ll be required to designate a registered agent as part of the LLC formation process in Florida.
While Florida permits LLC members and employees to act as an LLC’s registered agent, it can often be impractical to do so. For example, if you designate yourself, you’ll need to always be available to take delivery of documents during regular business hours. There are also privacy concerns, as the registered agent’s address becomes your business’s registered office, and is a matter of public record.
For this reason, many LLCs turn to the services of a registered agent services company instead. There are several registered agent services to choose from in Florida, so if you’re thinking about hiring a registered agent service, be sure to do a thorough comparison of the various companies to find the one with the right price point and features for your business.
3. Complete and File the Florida Articles of Organization Form
To complete the process of forming your Florida LLC, you’ll need to download and complete the Articles of Organization for Florida Limited Liability Company form. To complete the form, you’ll need the following information:
- Name of your new LLC
- Mailing and street addresses of your LLC’s principal office
- Name and Florida street address of your registered agent
- Name and addresses of everyone who’s authorized to manage and control your LLC
There’s also a field for any other provisions you want to include in your Articles of Organization.
The PDF form you download can be filled out using your laptop or computer. Once the form is completed, you can print it out, sign it (note that your registered agent will also be required to sign the form) and submit it by mailing it, with a check or money order for the filing fee of $125, to the mailing address listed on the form.
You can also choose to file your LLC formation paperwork online, through the Florida Department of State e-file system. If you choose to e-file, you’ll need to pay the filing fees online via a credit card or a debit card, or a prepaid Sunbiz E-File Account.
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