As a lawyer, the requirements for forming a limited liability company (LLC) in Florida are as follows:
- Choosing a Name - The first requirement is to choose a unique and distinguishable name for the LLC. This name must include any of the following terms: “Limited Liability Company,” “LLC,” “L.L.C.,” or “Ltd. Co.”
- Choosing a Registered Agent - The LLC must appoint a registered agent who will be available during business hours to receive documents and serve as the official point of contact for the LLC.
- Filing Articles of Organization - The LLC must file Articles of Organization with the Florida Department of State, Division of Corporations. These articles must include the name of the LLC, the address of the registered agent, the names of the LLC's governing members, and the purpose of the LLC.
- Preparing an Operating Agreement - Although not required by law, it is strongly recommended that the LLC prepare an Operating Agreement. This agreement outlines the rights, duties, and obligations of each member and can help to avoid disputes in the future.
- Obtaining Necessary Licenses and Permits - Depending on the nature of the LLC's business, it may be required to obtain certain licenses and permits at the state or local level.
It is important to note that depending on the specific circumstances, there may be additional requirements or considerations when forming an LLC in Florida. It is recommended to consult with a licensed attorney to ensure that all legal requirements are met and to receive advice tailored to your specific situation.
In terms of limitations or exceptions to this advice, if the intended LLC is to engage in certain regulated industries such as banking, insurance or securities, there may be additional regulations that the LLC will need to comply with. In these situations, it is recommended to seek legal guidance on the specific requirements that apply.
If you need further action, it is recommended to consult with a licensed attorney for additional guidance and legal advice.
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