Starting a Florida LLC is an excellent way to create a legal business structure that limits personal liability and offers tax flexibility. But before you begin the process, there are a few important things to know.
First, you need to choose a business name. It must be unique and legally available in Florida.
Choosing a business name
Choosing the right name for your Florida LLC is an important step in the process of starting your business. It will help you distinguish your company from other businesses and avoid legal issues.
You should search for your chosen LLC name on Sunbiz to make sure it isn’t already in use by another company. This will save you the time and hassle of having to come up with a new business name.
Also, try to choose a name that is unique and memorable. This helps customers remember your company and recommend it to friends and family.
Registering with the Secretary of State
To start a Florida LLC, you must file articles of organization with the Secretary of State. These are the documents that officially register your business in Florida and list your business’s name, address, and contact information.
When you file your Articles of Organization, you also need to name a registered agent. This person accepts legal mail and tax notices on behalf of your Florida LLC.
Creating an LLC provides many benefits, including asset protection, flexibility, and privacy. However, you should always consider the pros and cons of forming an LLC before making a final decision.
Creating an operating agreement
An operating agreement is a legal document that defines the rules and guidelines for your business. It’s not required in every state, but it is a good idea to have one.
The LLC operating agreement should outline the creation of the company, who the members are and how much each member owns. It should also explain how profits and losses are distributed.
It may be necessary to change your operating agreement from time to time, as your business changes and you discover new needs for it. Make sure to clearly define the way that you will implement any changes, and ensure that everyone who has a vote agrees with it.
Obtaining an EIN
Obtaining an EIN, or Employer Identification Number, is an essential part of starting a Florida LLC. It provides many benefits, including identity protection, establishing credibility for your business and a way to file taxes.
The EIN is a nine-digit number that is assigned by the IRS. It is used to identify a business for tax purposes, hire employees and apply for small business loans.
Getting your EIN is a simple process that can be completed online or by mail or fax. You will need to provide the type of business entity you have, your name and those of any other owners, the TIN (Social Security Number or Taxpayer Identification Number) and other information.
Getting a business license
Whether you’re starting a home business or a brick-and-mortar operation, a business license is an important piece of documentation. It helps protect both you and the city or municipality you operate in.
In most jurisdictions, business licenses are handled by local offices. However, there are some businesses that require specialized licenses.
These are businesses that involve a high level of risk and are regulated at the state level, such as restaurants, lawyers and doctors. These licenses are handled by more specialized agencies and staffed with experts in their field.
Removing a member
Despite the best intentions, sometimes an LLC member doesn’t want to be involved any longer. In those cases, the owner should remove them from the company by following proper legal procedures.
The first step is to check the Articles of Organization and operating agreement for your business to determine if there’s an express procedure for removing a member.
Depending on the circumstances, a member can be removed by unanimous consent or judicial decree. This is usually the simplest way to remove an LLC member.