A Florida LLC must register a unique name and submit an Articles of Organization document to the Florida Division of Corporations. State law describes the requirements of an LLC's organizing document. Certain types of businesses in Florida also have to register to collect state taxes, such as sales tax, which are remitted to the state. Though it's relatively easy to start an LLC in Florida, it may be to your advantage to consult with a lawyer or an accountant to determine the best way to proceed in your particular circumstances. As in other states, the owners of a Florida LLC are called members.
Fit your business needs with the right LLC package
Search for available names. According to the Florida Statutes, an LLC's name must include the abbreviation "LLC" or the words "limited liability company." Conduct a search on the Division of Corporations' website to ensure that the name of your Florida LLC is unique in the records of the Department of State (see Resources).
Draft the Articles of Organization. The Division of Corporations provides a form, CR2E047, that complies with state law (see Resources). Generally, the document must include the name of the LLC, the location of its principal office, and the names of the registered agent and managers. The registered agent is the person, not necessarily an owner of the business, who will receive communications from the state or service of process on behalf of the company. Managers are the individuals responsible for the day-to-day operation of the business, whether or not they are also members.
File the Articles of Organization. Mail the form, plus a fee, to the Registration Section of the Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314. The minimum filing fee is $125 as of November 2010, but additional charges apply if you want certified copies and/or a certificate of status from the state confirming your registration.
Apply for federal EIN. Your new LLC will have to apply for a federal employer identification number, which can be done by submitting Form SS-4 to the IRS (see Resources).
Register to collect state taxes, if necessary. Your new LLC may have to register with the state Department of Revenue for collection of sales, fuel, solid waste, unemployment or other state taxes. Registration for most taxes can be submitted online through the department's website (see Resources).
Tips & Warnings
- Depending on the type of business conducted by your LLC and its location, you may be required to obtain professional or occupational licenses or comply with other municipal licensing ordinances.
References & Resources
- Florida Statutes: 608.406 LLC Name
- Florida Statutes: 608.407 Articles of Organization
- Florida Division of Corporations: Articles of Organization Form
- IRS: Form SS-4
- Florida Dept. of Corporations: Fictitious Name Search
- Florida Dept. of Corporations: Starting a Business
- Florida Division of Corporations: Electronic Filing
- Florida Division of Revenue: Register to Collect State Tax
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