To form a limited liability company (LLC) in Florida, there are several requirements that must be met. Firstly, the name of the LLC must be distinguishable from other business entities registered with the Florida Department of State. This can be checked using the Department’s Business Search tool.
Next, the Articles of Organization must be filed with the Florida Department of State, which should include the name of the LLC, its purpose, the initial registered agent’s name and address, and the name and address of each member or manager of the LLC. The Articles may be submitted online or by mail and must be accompanied by the required filing fee.
Additionally, the LLC must obtain any necessary licenses or permits required for its particular industry or type of business. This information can be obtained from the state or local government agency responsible for issuing such licenses and permits.
LLCs must also abide by certain internal rules, such as adopting an operating agreement, which outlines the management structure and ownership rights of the LLC. Although it is not legally required for LLCs to have an operating agreement in Florida, it is strongly recommended, as it can help prevent disputes among members and provide a clear understanding of the LLC’s operations.
It is important to note that LLCs in Florida must file an annual report with the Florida Department of State and pay the required fee. Failure to file the annual report may result in the LLC being dissolved or administratively dissolved.
In conclusion, to form an LLC in Florida, one must ensure that the chosen name is not already in use, file Articles of Organization, obtain necessary licenses and permits, and follow internal rules and regulations such as adopting an operating agreement. LLCs must also file an annual report and pay the required fee to maintain their active status. It is recommended to seek the guidance of a licensed attorney when forming an LLC to ensure compliance with all relevant laws and regulations.
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