Florida LLC Formation
Limited Liability Companies, commonly referred to as an LLC, are a very important hybrid form of business that combines the best elements of partnerships and corporations. In Florida, when you form an LLC you can elect to be taxed as either a partnership or a corporation. At the federal level, the IRS allows an LLC with only one member to be taxed as a sole proprietor unless you choose specifically to be taxed as a corporation. This provides for a very flexible tax structure.
When you use EZonlineFiling.com to form an LLC in Florida, we will handle everything for you. We start with a preliminary name check to make certain the name you want for your business will be approved by the Secretary of State. From there, we prepare and file the Articles of Organization for your company. Need an EIN or a customized Operating Agreement? We can take care of that, too! Our goal is to make starting an LLC easier than ever before.
More information on Florida LLC Formations and on managing an LLC in Florida is included in the tabs below.
The Limited Liability Company is actually a fairly new type of business structure that is now permissible in most states. It is designed to provide the liability protections of a regular corporation while giving you the flexible tax efficiencies more common to a partnership or sole proprietorship. An LLC formation is less complicated than a corporation, but is still more complex than a sole proprietorship or partnership. You form an LLC in Florida by creating and filing a certificate of formation with the Secretary of State. We ask questions in our online LLC filing questionnaire that are used when we complete the certificate for you, making certain that all of the requirements of Florida state law are met.
The owners of the LLC are officially called “members” and the duration of the LLC is usually determined at the time of the LLC filing. In Florida, it is important that the LLC not have more than two of the four characteristics that define corporations: limited liability to the extent of assets, continuity of life, centralization of management, and free transferability of ownership interests.
The details for what is required for the articles of organization are extensive, but we will cover most of it here. Remember, if you decide to use our service, we will take care of all of these details and you will only need to complete a short questionnaire. We will take care of the rest. To be brief, the articles must include a statement as to the name of the company, a statement related to the type of entity being formed, a statement as to the purpose for which the company is being formed, the duration for which the LLC will operate, the name and physical street address of the registered agent, the name and address for each of the organizers, the signature of each organizer, a statement specific to the management structure of the LLC, the signatures of any managers, members, organizers, trustees, etc., and statements relevant to any other pertinent information about the LLC formation.
Q: How long does it take to form an LLC in Florida?
A: We form a large number of LLCs in Florida, and as a result, we are able to process them very quickly. In fact, depending on the package you select, we can complete your entire LLC formation in about 3 days. Some of our package options can take a little longer to complete, so if you have a specific time requirement you may want to speak with one of our filing specialists. They can help you make certain that your goals are met. Our phone number for immediate assistance is 1-888-525-3453.
Q: I am starting an LLC in Florida, but I’ve never done this before. Are there any rules related to the name I use for my LLC?
A: Yes, there are. Naming your business can be very complicated due to the variety of similar names that may be on file with the Secretary of State and there are quite a few state statutes related to naming an LLC. Choosing a name is truly the first step in starting an LLC and is one of the most important. The name you select:
- must contain, as the last words of the name, the words “limited liability company” or one of the following abbreviations: “LLC” or “L.L.C.”. The words limited and company may be abbreviated to “Ltd.” and “Co.”
- may contain the name of one or more of the members
- must clearly be distinguishable from the name of any other LLC registered in Florida. Just how similar your name can be to that of another business can be very complicated, but we can help you determine if your name is truly available. One major rule is that the name must have at least one clearly distinguishing word from any other LLC or incorporation.
- it cannot contain any language that that implies the business is connected with a state or federal agency or a corporation or other entity.
EZonlineFiling.com allows you to select 3 names in order of preference when you place your order and we are available to assist you with your name selection, to make certain your online LLC filing goes smoothly.
Q: What is an Operating Agreement and can I set up an LLC in Florida without one?
A: An Operating Agreement is a special document that details a wide variety of rules and regulations related to the governance of LLC in Florida. It will cover everything from ownership percentages to rules on restrictions and/or prohibitions on the power of any or all members involved in the LLC formation. Florida does not require that you file an Operating Agreement with the Secretary of State when starting an LLC, however, members of an LLC will generally adopt an operating agreement to regulate the affairs of the company and as an additional form of insurance in the event of changes and unforeseen happenings.
Q: Once my LLC formation is complete, am I finished or are there other things I need to do?
A: No. you will have ongoing requirements for maintaining your LLC with the state of Florida. Here are some examples of ongoing requirements related to keeping records. This is not a complete list, but you must remember that the records of an LLC need to be available for audit from a variety of groups, including the Secretary of State and the IRS. Knowing this, it is important to keep updated accounting records and books specific to the LLC and any agreements or legal documents pertaining to the management or operations of the LLC.