Decide to form an LLC

Forming an LLC has its advantages, but it can also have some disadvantages. You should look at all the business types and determine which is best for you and your company before you decide to form an LLC.

Choose a Name

When naming your LLC, you should make sure:

  • That the name has not already been registered in the state of formation
    • When you order LawDepot’s Florida LLC Formation Package, LawDepot will search to see if your name is available for registration with Florida Department of State Division of Corporations.
  • That you follow the LLC naming requirements of the state in which you are forming the LLC
    • Each state has different naming requirements, so be sure to research your state's legislation.
  • That the name you choose has not been trademarked
    • You may want to see if your proposed LLC name is available to be trademarked.
File Articles of Organization

To register your LLC, you must file a document called the Articles of Organization with the Secretary of State in the state in which you want to form the LLC.
LawDepot offers a Florida LLC Formation Package. Simply fill out the short form, purchase the package, and LawDepot will create and file your Articles of Organization with the Florida Department of State Division of Corporations. Your LLC should be active within 2-5 business days.

Apply for a Federal Employer Identification Number

An Employer Identification Number (EIN) is a 9 digit unique number assigned by the Internal Revenue Service (IRS) to every organization with paid employees.

All new companies that will have employees require an EIN number. Existing companies that are converted to LLCs and that have employees will need a new EIN number.

LawDepot offers EIN Application preparation to those who purchase the Florida LLC Formation Package. If you are unable to or choose not to have LawDepot help with the preparation of your EIN Application and you feel up to the challenge, you can fill out form SS-4 (Application for Employer Identification Number) on your own, or file an electronic EIN application with the IRS by clicking here

Register your Fictitious Name, if applicable

A Fictitious Name is a name that a company operates under that is other than its legal name. For example, if an LLC’s legal name is “Johnson and Meyers Distribution LLC” but the company operates under the name “Monster Distribution”, “Monster Distribution” is a fictitious name. Any business that does not use its legal name must register a fictitious name. Fictitious names are usually filed at the county level, but in some states they are filed at the state level.

Elect to be Taxed as a Corporation (Optional)

By default, a multi-member LLC will be taxed like a partnership. However, if you desire, you can elect to have your LLC taxed like a corporation as opposed to a partnership. To do this, file Form 8832 (PDF) with the IRS.

Create an Operating Agreement

An LLC Operating Agreement describes the rights and obligations of the members of an LLC in relation to other members and to the LLC itself. LawDepot offers an automated LLC Operating Agreement form.

Other Steps

  • Open a company bank account
  • Apply for local and state occupational licenses, if necessary
  • Register to pay local and state taxes, if necessary
  • If you wish to carry out business in another jurisdiction, please consult with that state’s government for additional information.
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