The answer is yes, but it depends on the specifics of your business. For example, if you’re a non-U.S. resident, you’ll need to register your corporation in the state where you’re doing business as well as in Florida.
In addition, you’ll need to establish a registered agent for your LLC in Florida, which will receive official business paperwork from the Division of Corporations on its behalf.
Articles of Organization
If a person lives in another state but wants to start an LLC in Florida, the first step is to file Articles of Organization with the appropriate state office. This simple document lays out basic information about the company–like its name and purpose–and helps to make it official.
It also provides the government with the necessary information to assess the corporation’s needs. Having correct articles of organization is an important legal requirement when creating an LLC in any state.
In this lesson, we’ll walk you through filing your LLC’s Articles of Organization with the Florida Department of State (DOS).
The DOS will issue you a stamped, approved copy of your articles and an Acknowledgment Letter that you can use to apply for business licenses. You can also get a certified copy or Certificate of Status by paying an additional fee.
Registered Agent
If a person lives in another state and wants to create an LLC in Florida, they must complete the Articles of Organization or Articles of Incorporation and designate a Registered Agent. These documents are the founding documents of an LLC in Florida and can be filed with the Division of Corporations online, by mail, or in-person.
A Registered Agent is a business entity, individual or legal service firm that has been designated by the Florida Secretary of State to receive and forward official government mail and correspondence on behalf of your company. The registered agent must be located within the state and available during normal business hours to accept and deliver papers on your behalf.
Often, a member or manager of your LLC will serve as the registered agent. This individual or business can be an employee, partner, or even a friend or relative of the company. However, the address for the registered agent must be a Florida street address, not a private rented mailbox or P.O. Box.
EIN
If you live in another state but want to create an LLC in Florida, you can get started by completing the necessary paperwork. This process can be done in-person, online or via mail.
Once your articles of organization are complete, the state of Florida will review the information and issue an approved LLC certificate. It may take two weeks to six weeks for this process to be completed.
In addition to establishing a business entity, it’s important to establish key operating procedures that your team can follow to ensure success. A written operating agreement is a good way to do this.
Once your LLC is established, it’s time to get the ball rolling. You’ll need to obtain an EIN and open a business bank account. It’s also important to apply for a credit card and business loan to secure the capital you need.
Operating Agreement
An operating agreement is a document that outlines the rules and procedures of your Florida LLC. While not required by law, an operating agreement is highly recommended for businesses in Florida.
It also sets forth the company’s purpose, member responsibilities, and governing laws. It can be drafted using a template or with the help of an attorney.
The operating agreement should also describe how to add or remove members. This is important because it affects the LLC’s capital and ownership interests of other members.
Lastly, the operating agreement should outline who will manage the company and what duties a manager will have. It should also provide for voting percentages and procedures. Typically, all members’ voting rights are proportional to their ownership interest.