If you want to start a new business in Florida, you need to file for a limited liability company. The process requires filing Articles of Organization with the Florida Department of State, Division of Corporations.
Turnaround time for filing is 1-2 business days online and 5-10 business days by mail. This includes processing time and transit time to and from the state.
Articles of Organization
Filing Articles of Organization is the first step in establishing an LLC. It is essential for registering your business and ensuring that it is compliant with state laws. It is a complex process, so it is recommended to consult with an experienced business lawyer before filing.
When completing your LLC’s Articles of Organization, you need to list your company’s name, address, and purpose. It is also necessary to provide a registered agent.
This person will accept legal notices on behalf of your LLC. They will also liaise with the government when needed.
In Florida, you can file your Articles of Organization online through the Florida Sunbiz Services Portal or by mail. E-filing is the fastest way to get your LLC up and running.
Once your LLC has been approved, it will be listed on the state’s website as a valid business entity. Typically, this process takes 1-2 days for e-filers and 5-7 days for mailers.
Registered Agent
The process of creating an LLC can vary widely from state to state. It is best to use an LLC formation service that knows the nuances of each state, such as Florida, and can get you approved quickly and painlessly.
One important requirement that you will need to meet is naming a registered agent. A registered agent is an individual or a company that will receive legal and official mail from the state and forward it to you as the business owner.
If you don’t have a registered agent, you could miss important government correspondence or be served with lawsuits in front of your customers or clients. Choosing a registered agent service can ensure that these important documents never go missing, and you’ll be alerted immediately when there are any deadlines.
In Florida, you can appoint yourself, another person within your company or a third party to be your registered agent. However, if you choose to appoint an individual as your registered agent, they must be at least 18 years old and have a physical address in the state.
Operating Agreement
An LLC operating agreement, also known as an LLC bylaws or a partnership agreement, is a legally enforceable document between the members of your LLC. It addresses important issues such as organization, finances, and management.
Florida state law does not require an LLC to have an operating agreement, however it is a good idea to have one. It will help you define the rules that govern your company and keep all of your assets protected.
Your operating agreement should specify how each member will contribute capital to the LLC, how it will be taxed, and how profits will be distributed between owners. It should also address how changes to the membership structure will be handled.
An operating agreement is a legal contract between the members of an LLC and can be drafted by an attorney or downloaded at no cost. Improperly drafted agreements can lead to disagreements between members and tax problems.
Annual Report
There are many things that can influence how long it takes for an LLC to be approved in Florida. These factors include how quickly the state processes your filing and whether you file online or by mail.
For example, if you file your documents online, it can take 1-2 business days for the state to process them and approve them. However, if you mail your documents, it can take up to 3-4 weeks for them to be accepted by the state and sent to your address.
The process to set up an LLC in Florida is relatively easy and quick, compared to forming a C corporation or S corporation. In addition, an LLC allows you to choose your tax treatment at the federal level.