Form an LLC in Florida

Form an LLC in Florida

We make it easy to form a Florida LLC

Packages start at $79 (plus state fees)

Have SunDoc Filings file your Articles of Organization in Florida. Let us navigate the Secretary of State filing process for you and take care of the basic details needed to form a Limited Liability Company in Florida. Unlike other filing companies, we submit all our filings quickly for a faster filing time.

 

 

For already prepared documents, skip to step 3

 

Step 1: Check name availability

Choose three corporate names in order of preference and we will check which name is available.

Step 2: Prepare or Upload your Articles

Our online form will walk you through all required information.

Step 3: Specify Service Level and Service Options

Select the appropriate filing package or choose from the a la carte options.

 

Routine: 3 - 5 business days

Rush: No Rush Available 

 

We will confirm your order via email within one hour during normal business hours.

 

 

 

Your filing is now on its way! If we receive your Florida LLC's Articles of Organization by noon M-F, your filing will be submitted the same day it was received. The date submitted will become the file date of your new entity. The Secretary of State office will take at a few weeks to process routine orders. Keep in mind that if you mail the document to the state yourself, like many filings services do, you will have to wait SEVERAL MONTHS. When the state is approves your document, they will issue a state entity number and a certified copy We will immediately fax or email the filed document to you. We will return the certified copy via regular mail. FedEx is available for an additional fee.

 

Your Post-Filing Responsibilities

File a Statement of Information: After the Articles of Organization are filed, the Secretary of State requires that you file a Statement of Information. The Statement of Information, includes the business and mailing address of the entity, the names and addresses of the members, the agent for service of process, and a brief description of the business. When we send you the certified (filed) copy of the Articles of Organization, we will include a Statement of Information form.  Add this to your order if you would like us to file it for you.

Employer Identification Number: If you would like, we can obtain your EIN for your new Florida LLC. Simply add it to your order or fill out our online EIN order form and we will obtain the EIN within 24-48 hours.

Florida LLC Kit: Our LLC Kits include a custom binder, 20 customized membership certificates, printed minutes, operating agreement, LLC seal embosser, and FedEx 2nd Day shipping. You can order the Florida LLC kit at the time of filing or if you prefer, you can place the order individually at our Corporate/LLC Kit order page.

 

 

The SunDoc Filings Advantage

 

  • We have filed thousands of documents since 1999
  • All filings received by 12 p.m. PST are submitted same day
  • Most filing companies mail in your filings

 

 

Florida LLC Formation Guidelines

 

Names

The name must end with the words “limited liability company” or any of the common abbreviations of “L.L.C.” or “LLC”. The word "limited" may be abbreviated as "Ltd.," and the word "company" may be abbreviated as "Co." The name may not contain language implying that the limited liability company is organized for a purpose other than that permitted in this chapter and its articles of organization. The name may not contain language implying that the limited liability company is connected with a state or federal government agency or a corporation or other entity chartered under the laws of the United States. The name must be distinguishable on the records of the Division of Corporations of the Department of State, except for fictitious name registrations and general partnership registrations; however, a limited liability company may register under a name that is not otherwise distinguishable on the records of the Division of Corporations with written consent of the owner entity provided the consent is filed with the Division of Corporations at the time of registration of such name. The name of the limited liability company shall be filed with the Department of State for public notice only and shall not alone create any presumption of ownership beyond that which is created under the common law. In the case of any limited liability company in existence prior to July 1, 2007, and registered with the Division of Corporations, the requirement in this section that the name of the entity be distinguishable from the names of other entities and filings shall not apply except when the limited liability company files documents on or after July 1, 2007, that would otherwise have affected its name. Florida does not reserve names.

 

Organizers / Members

The limited liability company can be formed by any one (1) or more persons. The limited liability company can be formed with one (1) or more members.

 

Procedure for Membership: The member may acquire an interest in the LLC at the formation of the LLC or at a time specified in the articles or operating agreement.  Except as otherwise provided in the articles of organization, or the operating agreement, no additional members can be admitted  unless a majority-in-interest of the members consent in writing.
 

Procedure for Resignation of Membership: Certain prohibitions exist surrounding the ability of a member to resign. A member may only withdraw from a limited liability company in accordance with the articles of organization or operating agreement.

 

Registered Agent and Registered Office

A limited liability company must maintain a registered agent and registered office to receive service of process in Florida.

 

General Filing Procedures

Submit Articles of Organization and Designation of Registered Agent to the Department of State, along with cover letter containing your name, address and daytime telephone number. The Department of State will issue a letter of acknowledgment as evidence of filing.

 

Ongoing Requirements

Upon filing your LLC, you must undertake certain steps on an ongoing basis to keep your business in compliance. These steps are also important in preserving the limited liability provide to its owner(s).

 

Florida LLC taxes

The following are taxation requirements and ongoing fees in Florida:

  • Annual report. All Florida Limited Liability Companies must file an Annual Report yearly to maintain “active” status. The first report is due in the year following formation. The report must be filed electronically online between January 1st and May 1st. The fee for the annual report is $138.75. After May 1st a $400 late fee is added to the annual report filing fee.
  • Taxes. For complete details on state taxes for Florida LLCs, visit the State of Florida website.
  • Federal tax identification number (EIN). An EIN is required for LLCs that will have employees. Additionally, most banks require an EIN in order to open a business bank account.
  • State tax identification number. Florida does not require a state tax identification number.

Business licenses in Florida

Business licenses and/or permits are required for most businesses in Florida. SunDoc Filings can provide additional information upon your request.

 

 


 

Florida LLC Frequently Asked Questions

 

What is the benefit of using SunDoc Filings in Florida? 
We visit the Florida Secretary of State daily and submit all filings received by 12:00 noon that same day. We treat all of our filings on an expedited basis and do not charge extra fees unless mandated by the state. Many filing companies will simply mail in the filings unless you pay for "rush"  or premium services. The following guidelines are especially helpful if you are preparing your own Florida Articles of Organization.

Questions about LLC Formation Guidelines?

How many members and managers are required in Florida?
At least one member is required in Florida.  
 
What is a Registered Agent?
A Registered Agent is an individual or a business designated to receive service of process (SOP) in the event a corporation is party to a lawsuit. For example, if your corporation is ever involved in a lawsuit, the plaintiff’s attorney and or the court will serve your corporation via a process server to inform you of the suit. State filing agencies require that a corporation designate a Registered Agent to receive the legal document from the process server. The Registered Agent must maintain a physical address (no P.O. Boxes or PMB’s) in the states of the corporations they represent. The Registered Agent is also required to be available at the physical address Monday through Friday during normal business hours to accept service of process. The name and address of the Registered Agent is a matter of public record.
 
Can SunDoc Filings help me obtain a Registered Agent?
Yes we can. SunDoc Filings helps companies fufill the Registered Agent requirement for a small annual fee. SunDoc Filings will appoint a Registered Agent to act on your company’s behalf and forward all service of process to you immediately. We provide this service in all 50 states and the District of Columbia.
 
What are operating agreements and how do I obtain or prepare them?
A corporation's bylaws are the company's rules and regulations. For a Limited Liability Company, they are called an operating agreement. Sample bylaws are provided when you order a corporate or LLC kit. Companies do not file the bylaws or operating agreements with the Secretary of State. Instead, bylaws or operating agreements are kept with internal company records.

Questions about Incorporating?

How do I form an LLC in Florida?
To form an LLC, a prospective company must prepare and file Articles of Organization with the state authorities. You must also pay filing fees and any applicable initial franchise taxes or other fees. The information required for Filing Articles of Organization varies by state and type of business. If you want to form your LLC through SunDoc Filings, just complete our order form online and we will prepare and file your Articles of Incorporation.  
 
Do I need an attorney to form an LLC in Florida?
No. You can prepare and file the Articles of Organization yourself, but you should understand the requirements of your intended home state. If you are unsure if a business entity will benefit your business, or what business type you should form, you should consult an attorney or accountant.
 
In what state is it best for me to form an LLC?
Your home state is not always the best choice.  Some states offer better tax benefits than others, but keep in mind that legal matters must be settled in your state of incorporation.  Once again, if you are not sure, contact an attorney or CPA for advice.
 
Should I form an LLC or a Corporation in Florida?
Corporations and LLCs are both excellent choices for business owners looking to minimize their personal liability and build credibility. Each entity offers distinctly different tax and business advantages and choosing the right one should be determined by your specific business needs. Your industry may also dictate the type of entity that can be formed. Contact a CPA or attorney for professional advice.
Corporations offer personal liability protection, tax savings and increased opportunities for raising capital. Corporations are required to perform certain duties such as holding annual meetings and keeping detailed corporate records (minutes). Limited Liability Companies (LLCs) offer the same personal liability protection as corporations, but with fewer requirements. LLCs also offer great tax flexibility. Members can choose to be taxed as either a traditional corporation or as a "pass-through" entity.
 
Do I need to file a DBA (assumed name) in Florida?
Depending on your type of business entity, it may be required or recommended to file a DBA. A DBA (Doing Business As) or assumed name is the legal term for registering your business name. In some jurisdictions it is called a fictitious owner affidavit or fictitious business name. Its purpose is to prevent confusion and fraud in the marketplace. Because real names and addresses are required on the application, creditors and other interested parties can connect a business name to the actual owner of the business by looking up its DBA. Filing a DBA protects the public from fraudulent use of a name by preventing someone from hiding behind a business name. It also protects the registered business from others who might try to impersonate them by doing business under that name. A sole proprietorship is not always required to file for a DBA since an owner can operate under their actual name. However, this may cause difficulties when taxes are calculated because it can be hard to tell when a purchase was for the business and when it was for personal use. For accounting reasons, filing a DBA is recommended. Having a legal DBA name on file also means bank accounts and credit can be opened in that name. Simple partnerships have the same requirements as sole proprietorships and a DBA is not required if the business operates under the partners’ true names. A limited partnership does have to file for a DBA at the Secretary of State’s Office as part of the paperwork necessary to create a limited partnership. Other business structures – C Corp, S Corp, LLC – have name registration built into the formal process of the entity creation. The formal name in these cases will include Inc. or LLC or Corp. as part of the name to identify the type of business to the public. The local government authority (usually at the county level) will accept and register a DBA name. Although the requirements vary by jurisdiction, in general the owner or authorized representative personally fills out a form at the county treasurer's office. Other county departments that accept DBA applications are the County Register of Deeds or the Secretary of State.