Florida LLC Formation

Florida LLC Formation Attorneys & Lawyers for Hire

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Steven S.

Steven Stark

283 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.
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Richard G.

Richard Gora

157 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.
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Joshua G.

Joshua Garber

199 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.
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Alexandra S.

Alexandra Sanchez

2 reviews
Alexandra Sanchez is a real estate attorney that mainly focuses on dealing with commercial contracts. She also has experience in dealing with legal cases related to debt and bankruptcy, labor and employment law, and business formation issues. She has more than 19 years’ experience and is licensed to practice law in Florida. Alexandra received her legal degree after she graduated from the University of Miami.
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Rafal S.

Rafal Strzalkowski

6 reviews
Rafal received his masters in Law from the University of Warsaw summa cum laude in 2003. Following that, he attained his JD from the University of Florida - Fredric G. Levin College of Law. Whilst there he received Book Awards and was added to the Dean's List. At present, he is a lawyer and legal adviser at Solo Law Practice, writing tailor made contracts for small to medium sized startups. He is also president of Florida Disability Access and Awareness Foundation, a non-profit organisation.
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Maikel E.

Maikel Eskander

2 reviews
As a business, real estate, and litigation attorney, Mr. Eskander prides himself on being a zealous advocate and trusted advisor to his clients. He is one of Eskander Losha... read more
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Jeffrey P.

Jeffrey Patneaude

2 reviews
Jeffrey Patneaude is a real estate and construction attorney with eight years of experience. He has litigated more than 100 legal cases. Jeffrey is licensed to practice law in Florida and obtained his legal degree from the University of Denver. He also holds a B.S.B.A in Business Finance and Construction. Jeffrey is also experienced in dealing with commercial contracts, as well as business formations. He has been a shareholder at the Florida Attorney Group since January 2016.
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Jennifer D.

Jennifer Duclair

West Palm Beach, FL lawyer Jennifer Duclair works as a personal real estate business lawyer. Duclair has taken on clients including Goede, Adamcyzk & DeBoest, PLLC and the US Army Reserve as their paralegal specialist. She also worked for Moore Counsel, LLC as a legal professional handling estate planning, landlord/tenant issues, immigration, and small claims. She is your Florida lawyer to help with drafting documents with contractors and is there to protect your real estate investments.
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Mara G.

Mara Geronemus

2 reviews
Mara Geronemus is a business lawyer who has been serving corporate clients for the past 13 years. She has been licensed to practice law in both New York and Florida. Mara holds a J.D. degree in law, which she obtained from the New York University School of Law. She is experienced in dealing with commercial contracts, as well as in assisting startup companies with any legal hurdles they may face. Mara has been serving as an in-house counselor at The Second Shift since September 2017.
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John G.

John Green

I represent lenders, investors and developers in a broad range of commercial real estate and business transactions, with a particular focus on real estate financing, acquis... read more
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Why use UpCounsel to form your LLC in Florida?

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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.

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