Florida LLC Formation

Florida LLC Formation Attorneys & Lawyers for Hire

Where are you located?
Zip Code
FIND A LAWYER

How it Works

Request Proposals
Tell us about your legal need so attorneys can prepare custom proposals. It only takes a minute and your information is strictly confidential.
Review Quotes
Our algorithm matches you with attorneys qualified to handle your legal work. You can review their proposals and schedule consultations with no obligation.
Hire Your Lawyers
When you’re ready, hire the attorney that’s right for you. Use our platform to easily collaborate online and ensure your information stays safe and secure.
Steven S.

Steven Stark

391 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
|
Get Proposal View Profile
Richard G.

Richard Gora

190 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
|
Get Proposal View Profile
Joshua G.

Joshua Garber

255 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
|
Get Proposal View Profile
Daniel S.

Daniel Smith

2 reviews
Daniel Smith is a seasoned and experienced attorney with a focus on business, insurance, and injury litigation. Mr. Smith has represented Fortune 500 companies, publicly tr... read more
|
Get Proposal View Profile
Nichole H.

Nichole Hanscom

Nichole Hanscom has over five years of experience as a business lawyer, and more than 15 years of experience as a legal administrator. She is licensed to provide legal services in Florida, and she obtained her legal degree from the Stetson University College of Law. Nichole has exceptional experience in labor and employment law, commercial contracts and legal matters concerning startup companies. She has been an associate at Uncommon Legal since October 2016.
|
Get Proposal View Profile
Dudley S.

Dudley Sharp Jr.

Dudley Sharp Jr. is a tax attorney that has been practicing law for almost two decades. He is licensed to practice law in Missouri and Florida. Dudley received his Juris Doctor in law from the Brigham Young University – J. Reuben Clark Law School. He primarily specializes in real estate law, with exceptional experience in dealing with commercial contracts. Dudley has been a partner attorney at South Milhausen, P.A. since February 2014.
|
Get Proposal View Profile
Tara D.

Tara David

2 reviews
Currently, she is the President of the Law Offices of Tara David, P.A. Immediately after she attended Law School, Tara started working for an AV rated law firm which specialized in Corporate Defense. After that, she moved on to a small firm, getting experience in General Civil Law. While enrolled at the St. Thomas University School of Law, Tara was awarded as the best student in the study of Property. She graduated cum laude with her J.D. in 2011.
|
Get Proposal View Profile
Jonathan A.

Jonathan Arias

Jonathan Arias is an immigration attorney who was recently licensed to practice law in Florida. He holds a Juris Doctorate degree in law, which he obtained after he graduated from the Michigan State University College of Law. In addition to focusing on immigration law, Jonathan is also experienced in providing his legal services to start up businesses. In November 2016, Jonathan founded his own legal firm, Arias Immigration Law.
|
Get Proposal View Profile
Diane D.

Diane Downs

2 reviews
Diane Downs is a corporate attorney that specializes in providing legal services to companies in the telecommunications and technology industries. She has represented Motorola, IBM, TelMex and many other corporate clients. Diane has 14 years of legal experience and received her legal degree from the Nova Southeastern University Shepard Broad Law Center. She also gained valuable experience as a corporate counsel at MTN Satellite Communications.
|
Get Proposal View Profile
Lawrence S.

Lawrence Saichek

3 reviews
Larry Saichek, AV rated attorney and CPA, practices real estate and corporate law, business transactions and mediation and arbitration. Has successfully closed real estate ... read more
|
Get Proposal View Profile
View All NEXT

Why use UpCounsel to form your LLC in Florida?

Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your Florida LLC the right way.
14 years

Average experience

You always get experienced professionals and high caliber work.

3x

Faster

Your work gets done quickly because professionals are always available.

60%

More cost effective

We use technology to cut traditional overhead and save you thousands.

UpCounsel has been talked about in:

Money-Back Guarantee on All of Your Legal Work

Applies to all transactions with verified attorneys on UpCounsel

In the event that you are unsatisfied with the work of an attorney you hired on UpCounsel, just let us know. We’ll take care of it and refund your money up to $5,000 so you can hire another attorney to help you.

Why use UpCounsel to form an LLC in Florida

Starting an LLC in Florida with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in Florida with UpCounsel, the attorney you choose to help you will conduct a business name search for your Florida LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Articles of Organization have been prepared and successfully filed with the Florida Department of State: Division of Corporations, your Florida LLC has been formed and begins its existence as a corporate entity.

Requirements for Forming a Florida LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Florida Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company. The words "limited" and "company" may be abbreviated to "Ltd." and "Co.," respectively.

It must be distinguishable (not the same as or deceptively similar to) the name of any Florida Limited Liability Company or foreign LLC reserved or registered.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your Florida Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the State of Florida.

Articles of Organization:

When forming an LLC in Florida, the Articles of Organization must be filed with the Florida Division of Corporations. Florida state law requires that certain information be included in your Articles of Organization when forming your Florida LLC.

This information must include:

  1. The LLC's name and address.
  2. The statutory agent's name and address as well as the agent's signature accepting the appointment.
  3. The name and address of each manager or managing member.
  4. The LLC's effective date (if other than date of filing).

Additionally, a Florida LLC formation generally requires inclusion and/or consideration of the following:

LLC Operating Agreement: Although the LLC operating agreement is not required with the Articles of Organization, it is a good idea for every LLC with more than one member to have one. The Articles of Organization may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person (Florida doesn't allow business entities as members).

Business Licenses: Business licenses and/or permits are required for most businesses. Contact the Florida Department of State for specific licenses.

Resident Agent needed for a Florida LLC

Remember every Florida LLC must have a registered agent in Florida, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The statutory agent may be a Florida resident or business entity authorized to do business in Florida. The registered agent must have a physical Florida street address.

Florida Department of State

Once you create an LLC in Florida, the Florida Department of State will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the Florida Department of State.

Recurring Responsibilities and Duties for Florida LLCs

Annual Report: Each limited liability company shall provide an annual report to the Florida Department of State regarding its financial condition to each of its members. The annual report fee $138.75.

Records: Each Florida limited liability company must keep the following records open to inspection at its office:

  1. The names and addresses of members, managers, and managing members.
  2. A copy of the Articles of Organization and all amendments thereto, together with any powers of attorney pursuant to which the Articles of Organization or any amendments thereto were executed.
  3. Copies of the limited liability company's federal, state, and local income tax or information returns and reports, if any, for the three most recent taxable years.
  4. Copies of the LLC's financial statements and Operating Agreement, if any, for the three most recent fiscal years.
  5. A current list of each members' economic contribution and the share in profits as well as any times or occurrences of members' agreed to make additional contributions.

Filing Fees for a Florida LLC

The processing fee for the Articles of Organization is generally about $100, plus another $25 for designating a registered agent. These fees can change so it would be best to check with the Florida Department of State on what the latest fees are. You may pay these fees in many different forms including cash, check, money orders, or debit and credit cards.

Taxes for a Florida LLC

A Florida LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity," so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

Florida state law follows federal law for income tax purposes. Therefore if the LLC is classified as an association taxable as a corporation for federal income tax purposes, so will it be taxable as a corporation for Florida tax purposes.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in Florida as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the Limited Liability Company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

Start Your Business Off Right with an Affordable LLC Formation Attorney in Florida

What Our Customers Have to Say

"UpCounsel gives me access to big-firm lawyers minus the big-firm price tag. I work with several attorneys on the platform and there are never surprises...I always receive quality legal work at competitive rates that larger firms simply cannot match."

Scott Woods
SVP & General Counsel

"Every startup needs to know about UpCounsel. We found great attorneys at great prices and were able to focus our resources on improving our business instead of paying legal bills."

Sean Conway
Co-founder & CEO

"Before UpCounsel it was hard for us to find the right lawyer with the right expertise for our business. UpCounsel solves those problems by being more affordable and helping us find the right lawyer in no time."

Tristan Pollock
Co-founder & COO

Find the best lawyer for your legal needs

Find a lawyer