You can register your LLC online or by mail with Florida’s Department of State Sunbiz website. You’ll need to determine whether your business is member- or manager-managed and establish an operating agreement. You may also need to obtain any necessary licenses and permits.
You’ll also need a registered agent, which is someone who accepts service of process and official legal documents on behalf of your business. You can find a list of agents in Florida on Sunbiz.
Do I need to be a resident of Florida?
You can create an LLC in Florida even if you live outside the state. There are certain requirements you must meet, but overall the process is straightforward and affordable.
Before you begin the registration process, it is important to ensure that your desired business name is available. You can do this by doing a preliminary search through the Division of Corporations’ business name registry. Once you are satisfied that your business name is available, you can reserve it for a fee through the Division of Corporations.
You must also have a registered agent for your LLC. This is a person or company who will receive service of process and official legal documents for your LLC in the event you are sued. You can act as your own registered agent or hire a company that provides this service. If you hire Northwest, we will be your registered agent for free for the first year when you register your LLC.
Do I need to be a registered agent?
The state of Florida requires that LLCs list a registered agent, who must have a physical street address in the state (P.O. Boxes are not allowed). An individual can act as the registered agent, but it is better to hire a service that specializes in this role since this person will be responsible for receiving important legal and government documents on your company’s behalf.
If you do not have a Florida address, it may be difficult to attract local business and clients. Furthermore, many banks and merchants will not accept a home address as a business address because it is often public information.
Additionally, if you want your company to be taxed as an LLC rather than a corporation, the federal government will require you to get an EIN. This is a nine-digit number that is unique to your company. You can obtain this number by filing a Form NR with the Division of Corporations.
Do I need to file an annual report?
Most LLCs are “pass-through” tax entities, meaning that they pay taxes only on their federal income. However, if your LLC wants to be taxed as a corporation, you must register it with the state Department of Revenue. On a periodic basis, your LLC must then make sales tax payments.
You must also file an annual report to show that your company is still active and in good standing with the Florida Department of State. If you fail to submit your annual report, the state will charge a $400 penalty fee. In addition, the Department of State may dissolve your LLC.
A friend or family member can serve as your LLC’s Registered Agent, so long as they live in Florida and have a street address where legal mail can be delivered (PO Boxes are not allowed). You can also hire a Registered Agent service if you don’t want to use a friend or family member or if you don’t want to list your own address in public records.
Do I need to file a certificate of existence?
A Florida Certificate of Existence (sometimes referred to as a Certificate of Good Standing) proves your LLC is current on state filings and fees. It also communicates to the Division of Corporations that your LLC is eligible to conduct business in the state.
Your LLC’s name and principal place of business. Registered agent’s name and Florida street address (PO Boxes are not allowed). Name of members (owners). Name of manager if your LLC is manager-managed. If you’re a licensed professional, your business may need to end with “PLLC” or “Chartered.”
You can serve as your own registered agent, but this comes with additional responsibility. Or, you can hire a reputable registered agent service, like Northwest, to act on your behalf. This company will receive all legal mail on your behalf, scan and upload it to your online dashboard, and keep your private information off public records. It’s a small price to pay for peace of mind and business efficiency.