Form a Florida LLC
Choosing a company name is the first and most important step in starting your LLC. Be sure to choose a name that complies with Florida naming requirements and is easily searchable by potential clients.
1. Follow the naming guidelines:
- Your name must include the phrase “limited liability company,” or one of its abbreviations (LLC or L.L.C.).
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.
2. Is the name available in Florida? Make sure the name you want isn't already taken by doing a name search on the State of Florida Sunbiz website.
3. Is the URL available? We recommend that you check to see if your business name is available as a web domain. Even if you don't plan to make a business website today, you may want to buy the URL in order to prevent others from acquiring it.
After registering a domain name, consider setting up a professional email account (@yourcompany.com). Google's G Suite offers a business email service that comes with other useful tools, including word processing, spreadsheets, and more. Try it for free
FAQ: Naming an LLC
What is an LLC?
Do I need to get a DBA or Trade Name for my business?
Most LLCs do not need a DBA. The name of the LLC can serve as your company’s brand name and you can accept checks and other payments under that name as well. However, you may wish to register a DBA if you would like to conduct business under another name. Learn more here.
STEP 2: Choose a Registered Agent
You are required to nominate a Registered Agent for your Florida LLC.
What is a Registered Agent? A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. Think of your registered agent as your business' point of contact with the state.
Who can be a Registered Agent? A registered agent must be a resident of Florida or a corporation authorized to transact business in Florida. You may elect an individual within the company including yourself.
Learn more about the role of a registered agent and why you should consider hiring a professional service.
Recommended: Northwest provides the first year of registered agent service free with LLC formation ($49 + State Fees)
FAQ: Nominating a Registered Agent
Can I be my own Registered Agent?
Yes. You or anyone else in your company can serve as the registered agent for your LLC. Learn more here.
STEP 3: File The Articles of Organization
To register your LLC, you will need to file the Articles of Organization with the State of Florida. This can be done online at the MyFlorida Sunbiz website or by mail.
When filing on Sunbiz or by mail, you will be asked for the name and address of person(s) authorized to manage your LLC. Only LLC managers should be listed here.
If you leave the “person(s) authorized to manage your LLC” section blank, the state will assume your LLC is member-managed and member privacy will be completely protected.
If your LLC will be manager-managed, only the manager’s name is required unless the manager is a company or an authorized representative (such as a registered agent service.) By providing only necessary information, you will protect the privacy of your LLC managers.
You have until the due date of your LLCs first annual report to decide how your LLC will be managed. We recommend learning more about member-managed and manager-managed LLCs before you file.
File the Articles of Organization
OPTION 1: File Online through the Florida Department of State Sunbiz Website
OPTION 2: File by Mail or In-Person
State Filing Cost: $125, payable to the Florida Department of State. (Nonrefundable)
New Filing Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
If you’re expanding your existing LLC to the State of Florida, you will need to form a Foreign LLC.
FAQ: Filing LLC Documents
What is the processing time to form my Florida LLC?
3 to 5 business days online or by mail.
What is the difference between a domestic Florida LLC and foreign LLC?
An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. Normally when we refer to an LLC we are actually referring to a domestic LLC. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state. If you are filing as a Foreign Florida LLC learn more here.
STEP 4: Create an Operating Agreement
An operating agreement is not required in Florida, but it's a good practice to have one.
What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.
For more information on operating agreements, read our Florida LLC operating agreement guide.
Recommended: Use our free Operating Agreement Tool to draft a customized operating agreement for your LLC.
FAQ: Creating an Operating Agreement
Do I need to file my operating agreement with the State of Florida?
No. The operating agreement is an internal document that you should keep on file for future reference.
STEP 5: Obtain an EIN
What is an EIN? The Employer Identification Number (EIN), or Federal Tax Identification Number, is used to identify a business entity. It is essentially a social security number for the company.
Why do I need an EIN? An EIN is required for the following:
- To open a business bank account for the company
- For Federal and State tax purposes
- To hire employees for the company
Where do I get an EIN? An EIN is obtained from the IRS (free of charge) by the business owner after forming the company. This can be done online or by mail.
FAQ: Getting an EIN
How do I get an EIN if I don’t have a social security number?
What tax structure should I choose for my LLC?
When you get an EIN, you will be informed of the different tax classification options that are available. Most LLCs elect the default tax status.
However, some LLCs can reduce their federal tax obligation by choosing S corporation status. We recommend consulting with a local accountant to find out which option is best for you.