Unique LLC Requirement of Florida: Registration

Paying a Florida LLC filing fee is a requirement when forming your limited liability company.

The first step in the process of registering your Florida LLC is submitting your Articles of Organization with the Division of Corporation. Your form will need to include a cover letter with:

  • Your daytime telephone number;
  • Your email address;
  • You name if you are the applicant;
  • LLC name.

All submissions should include a filing fee of $125. 

For your registration to be approved, your forms must provide a good amount of information about your LLC, such as:

  • Address, name, and signature of your registered agent;
  • The name and address of your LLC;
  • The titles, names, and addresses of your LLC members and managers;
  • Your LLC's effective date if it is different than the filing date;
  • A signature from an LLC member or an authorized representative.

When listing your effective date, it will usually be five days before your forms are received. However, it can also be ninety days after the receipt of your forms. If the effective date section is left blank, your LLC will not be active until your filing has been processed.

Applicants will be provided with a letter of acknowledgement after their LLC has been registered.

Unique LLC Requirements of Florida: Timeline

After submission, you can expect a processing period to be from two to 14 business days. The exact amount of time needed to process your filing will depend on whether you paid your fee by a credit card, a check, or a money order. When filing online, you can expect your entity to be created between one and two days after submission. Entity creation will take between one and two weeks when filing by mail.

Unique LLC Requirements of Florida: Naming Requirements

When naming your LLC, it's best to keep things simple by choosing a name that is different from other LLCs in the state and includes the verbiage required by Florida. You can search the records of the Florida Division of Corporations to ensure that your LLC name is available. If you infringe on the name of another LLC, you will be solely responsible for this infringement. It's advisable to check your desired LLC name for availability prior to filing your formation documents.

Unique LLC Requirements of Florida: Formation Requirements

If you choose to form your LLC with multiple members, you should consider establishing an operating agreement.

The members of your LLC must agree to the terms of your operating agreement. It will outline several important components of your company, including:

  • The role your members will play in your LLC;
  • Rules for voting rights;
  • Who is responsible for managing your LLC;
  • Rules for removing an LLC member or admitting a new member;
  • Steps for LLC dissolution;
  • Requirements for altering the operating agreement or the LLC itself.

Tips on Beginning The Registration Process With The Florida Division Of Corporations

The first thing to do before registering your LLC is to choose an appropriate LLC name. It must include the words “limited liability company” or an abbreviation “LLC” or “L.L.C.” You cannot reserve an LLC name in Florida. However, you can check to see if the name you wish to use is available.

You will need to appoint a registered agent for your LLC, which is a person designated to receive service of the process. In Florida, your registered agent can be an approved corporation or an individual that possesses a permanent Florida address. Your registered agent will receive legal documents sent to your LLC and then will notify your LLC members when these documents have been received.

You will also need to acquire an Employer Identification Number (EIN) for your LLC. You can obtain your EIN by making a request with the IRS. An EIN is very similar to a Social Security Number and is required for multi-member LLCs. If you don't have an EIN, you will not be able to pay taxes levied against your LLC. If you apply for your EIN online, you will get your number instantly. You can also file a form SS-4 by mail to receive your EIN.

If you need help with determining your Florida LLC filing fee, you can post your legal needs on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.