Incorporating a business in Florida means more than just making sure you’ve crossed off a long list of requirements from local and state authorities. Business incorporation needs to be a carefully considered decision made based on both an understanding of the business climate affecting your business and on sound advice and expert knowledge of Florida’s business laws. Our Florida business incorporating services are centered around helping domestic and international business owners choose the most appropriate course of action for the many decisions required when starting a business in Florida.
Florida Business Entity Formation
Found on this page:
The Perfect Start with Attorney Assisted Florida Business Planning Services
Whether you’re the lead in creating a new company in Florida, an already established out-of-state company looking to relocate, or even a foreign investor starting your venture in the Sunshine State, creating a business plan is critical for giving your business the best chance of success.
As leading Florida business planning attorneys, our job is to help your company uncover its strengths and weaknesses and create a dynamic game plan to follow going forward. We dig deep into regulatory and legal issues that may affect your business now, or in the future, to help avoid risks and seize opportunities.
Which Florida Entity Type Best Fits Your Company Needs?
Setting up your business with the best legal entity type for your specific situation depends on a number of factors. Our Florida-based law firm knows the Florida statutes and local ordinances which affect starting a business. We help both domestic and international companies choose a legal entity that makes the most sense for all parties involved. Our team helps make incorporating in Florida easy by completing necessary start-up tasks such as filing the initial application, drafting corporate documents, and even acting as a registered agent. Schedule a consultation now to review your business formation options.
Call our office at (904) 236-5317 or fill out our online contact form.
Types of Business Entities in Florida
When choosing which entity type in Florida best suits your company needs, it’s important to understand the legal and tax implications with each type of business.
Corporations in Florida are considered a stand-alone entity which means they are separate and distinct from the owners. This provides a level of legal protection for the owners, as well as survivability for the corporation even if an owner passes away. Corporations have tax implications which may make it advantageous to consider speciality designation such as with an S-Corp or C-Corp.Corporations in Florida are also required to keep certain corporate documents like meeting minutes and by-laws. Our team comes alongside owners to handle the entire process so they can focus on getting their new business up and running.
Limited Liability Companies (LLCs) in Floridaare treated a little differently as the shareholders are able to pass on all individual liability back onto the business. This helps keep business liabilities from affecting the personal finances of the owners and also decreases the amount of filing requirements. Here, Boyer’s team of experts helps LLC owners designate a registered agent, file Articles of Incorporation, obtain an EIN number, draft meeting minutes, as well as a host of other start up-related tasks.
Florida Sole Proprietorships are the simplest form of business organization in Florida. The sole proprietor and the business are legally considered one entity. For tax purposes, the sole proprietor doesn’t have to pay separate business tax but they are held liable for the liabilities of the business. When a fictitious name is desired, this will still need to be filed with the Florida Division of Corporations. Boyer Law helps sole proprietors understand the process for incorporating as a Florida sole proprietorship and handles all the necessary documentation.
Our team of Florida business formation experts has unique experience in helping both foreign and domestic corporations start their businesses in Florida. As the global economy is more intertwined than ever before, considering international variables affecting your business is the key to long-term success.
Forming a Florida LLC
Limited liability companies (LLCs) are the perfect choice for small business owners that want to take advantage of Florida’s pro-business environment, while still maintaining the most control over their business. Our team of Florida LLC formation experts utilizes a streamlined process for helping owners accomplish everything they need to start a successful Florida LLC.
Start Your Road to LLC Formation with Florida’s Leading Business Law Firm
Starting an LLC in Florida provides a great many advantages, especially for the small business owner. Limited personal liability, various tax advantages, ownership flexibility, and overall less regulatory paperwork makes setting up an LLC less burdensome than a traditional corporation.
Even so, giving your LLC the best chance for success requires careful planning at the formation stage. Here’s where you’ll be executing contracts, building your team, leasing space, buying equipment, and a thousand other things. Our team of experienced LLC formation attorneys helps guide you through these important decisions and accomplish everything required at the local, state, and federal levels to start doing business as an LLC in Florida.
Contact Boyer Law to review your LLC formation strategy today.
Services Provided by Our Florida Limited Liability Company Attorneys
Our team is able to put together the best plan of action for getting your LLC formed in Florida. Services we’re proud to offer to Florida LLC’s include:
- LLC Filing and Fees paid to the State of Florida.
- Registered Agent service in the State of Florida for one full year.
- LLC’s Articles of Incorporation.
- Drafting an Operating Agreement for your Florida Limited Liability Company.
- Standard LLC Forms and Resolutions.
- Drafting Formal Meeting Minutes for First Meeting of the new Florida LLC.
- Applying for a Federal EIN .
- Registering Members of the LLC.
Boyer Law can also help your LLC keep up with annual requirements like State of Florida Annual reporting and Registered Agent and address services. Schedule a consultation with our Florida Limited Liability Corporation lawyers to review your LLC’s situation and chart the best path forward.
Getting Started on the Right Path for Your Business
Business owners must make many decisions during the development stage of their business. Drafting agreements, executing contracts, meeting regulatory requirements, and a slough of others are just a few areas that require owners to make crucial decisions for the future of their business. A Florida LLC attorney is your company’s advocate during this time, helping owners review and complete each necessary step in the Florida LLC formation process in a way that provides the most benefit for the business. With businesses being more global than ever, Boyer Law is proud to hold unique expertise in facilitating international and domestic business relationships.
Florida LLC Formation Consultation
Even with all the benefits for forming an LLC in Florida, there are still many decisions required of owners in the initial stages that can have big impacts throughout the life of their business. Experienced legal counsel helps to avoid common pitfalls and create a solid foundation for your business to grow.
Contact our team of dedicated Florida business law professionals to review where your LLC is at and the best way to move forward.
Forming a Corporation in Florida
Florida corporation law helps establish corporations as a standalone legal entity. This provides a barrier between the owners’ assets and those of the business. When first getting started, there’s a number of different local, state and federal authorities that require some form of registration prior to the business being allowed to operate. As well, there are many internal documents that need to be finalized such as contracts and lease agreements.
Get Help with Setting up a New Florida Corporation
Important documents like these require a keen eye to ensure the agreements are both in accordance with the laws of the State of Florida, as well as in the best interest of the client. Starting a new corporation in Florida is exciting but can also be stressful as you worry over the details. Let our team of Florida corporation experts guide you through this process to get your business set up with its best foot forward.
Services Provided by Our Florida Corporation Attorneys
Our experienced Florida business lawyers provide many different services both when your business is first getting off the ground and also with annual maintenance requirements for Florida corporations. Services to help get your Florida business incorporated include:
- Registering your company and paying appropriate filing fees with the State of Florida Division of Corporations
- Acting as your company’s registered agent in the State of Florida for one year. This service is renewable annually.
- Drafting and filing your Articles of Incorporation with the State of Florida Division of Corporations
- Helping you create corporate by-laws, corporate forms, and resolutions to guide your company
- Minutes of the first meeting of the Board of Directors
- Obtaining a Federal EIN number
- Creating a stock transfer register
- Producing stock certificates for shareholders; numbered and printed with the company’s name, state, and officers’ titles.
After forming your corporation, you’ll also need to keep up with annual reporting requirements. Our team is available to provide annual maintenance services on your behalf, such as the preparation of Florida annual reports, updating registered agent or board member information, paying filing fees, and even obtaining Certificates of Good Standing with the Secretary of State.
With You Every Step of the Way – Your Boyer Law Team
Florida produces a lot of great opportunities for businesses but getting set up the right way takes professional guidance from an experienced team. Boyer Law holds unique expertise to help both international and domestic business owners with all the requirements for incorporating in Florida. Contact our team of Florida corporation attorneys now to give your business a great foundation to flourish from.
Florida E-Commerce Business
Today’s business environment is more dependent on electronic commerce than ever before. With businesses all pushing to keep their online presence fresh and relevant, comes a variety of legal hurdles that require careful consideration.
Getting Started Online with the Leading Florida E-Commerce Lawyers
The internet has proven to be an incredible tool for connecting businesses and their customers in ways that would have otherwise never been possible. No longer are products and services tied to a limited geographical area, now merchants can import and export from around the world.
Getting your business’s online presence up and running requires a lot of important decisions. Let a knowledgeable Florida e-commerce business attorney guide you through the process. Contact our team to schedule an e-commerce business consultation today.
See Our Florida E-Commerce Lawyers’ Main Practice Areas
Initial Business Licensing Agreements
As you’re setting up your business, you’ll have many different initial documents, licensing agreements, contracts, etc. that should all be uniform and complete prior to launching your venture online. Careful planning early on ensures a greater chance of future success. Our Florida e-commerce lawyers can help guide you through the first stages of setting up your online business in a way that’s primed for success from the get-go.
Website Legal Notices
At set up and throughout your business’s lifecycle, you will enter into any number of different contracts, agreements, leases, and other legally binding arrangements. Having a keen e-commerce lawyer drafting and reviewing your contracts means your best interests in the matter are always protected.
Distribution & Licensing Agreements
As your brand grows, many businesses begin distributing and/or licensing to get the product into the hands of a greater number of people. Licensing agreements and distribution arrangements can be very lucrative, but a practiced e-commerce attorney knows just what to look for to negotiate the best outcome in your unique situation.
Trademarks & Copyrights
Protecting your brand’s intellectual property may require various trademarks and copyrights. Going through the process to file for these protections can be burdensome, but the end result is a safeguard for everything you’ve worked so hard to build. Our team will help you get all the information you need to file for trademarks and copyrights or can help guide you through potential disputes like copyright infringement.
Fictitious Name Registration
When you’re working as a sole proprietor in Florida and using a name other than your own, you’ll need to register your fictitious name with the Division of Corporations. Our lawyers can help get you set up with all necessary documentation to file and register your fictitious name.
Remote Corporate Banking
Often, e-commerce companies will need to open a bank account far away from their home operations. Our legal team can help get your corporation’s banking set-up and ready to go for both foreign and domestic companies.
Florida Registered Agent Services with Boyer Law Firm
A registered agent is an individual or business entity that acts as the company’s representative for receiving Service of Process of important documents, such as legal documents, notices from state agencies, and tax documents from the IRS. Your registered agent is the only person authorized by the State of Florida to receive these documents. They must have a Florida address, not a P.O. Box, and be open to the public during regular business hours.
Florida’s Registered Agent Requirement
All companies in Florida, regardless of the entity type, are required by law to designate and maintain an in-state Florida registered agent. Failing to do so can result in civil sanctions such as fines or loss of incorporation. It is a good idea to hire an attorney for your company’s registered agent. This will ensure these important documents get to you in a timely fashion.
Benefits of Designating an Attorney as Registered Agent for Your Business
One of the main benefits of designating an attorney as registered agent for your business comes in the instance that your company is sued. If this occurs, the company has 20 calendar days to respond. If not, it could result in the loss of the case or a much greater expense to defend the case. A lawyer will also insure that you understand the importance of maintaining your corporate formalities, such as annual returns, annual minutes, and annual meetings for your company. This is critical to maintaining your personal liability protection.
Services Included in Boyer Law Firm’s Registered Agent Package
Boyer Law Firm’s Package for Florida Registered Agent Services Package includes:
- Registered Agent service as required by law in the State of Florida for one full year
- Serving as your company’s registered agent for service for the year to ensure that your company gets prompt notice of any important notices or lawsuits
- When we receive mail from your company, we will sort through it and then scan and email to you what is important.
- Filing of annual report, including state-mandated fees.
- And more…
CONTACT US NOW for more information about our Florida Registered Agent service and how it can help your business.
Registering an Out-of-State Business in Florida
By legally registering an out-of-state company with Florida, the business may conduct transactions in Florida, as well as its state of origin. This process is called foreign qualification. For example, if you are operating a New York business in Florida, your company will be considered a “domestic” entity to New York, but a “foreign” entity to Florida.
Is Out of State Registration Necessary in Florida?
It may sound easy just to operate a business in another state without registering your business there. However, according to Florida’s LLC Act, all companies doing business within Florida are required to “foreign qualify” or register to do business within Florida. Not following these laws may have significant consequences.
What Criteria Determines the Need to Register an Out-of-State Business in Florida?
To determine if you do indeed need to register your business with the State of Florida, first look at the criteria that needs to be met for a company in this matter. The following list is not complete, and different states will have different criteria :
- Keeps employees in the state
- Takes orders in the state
- Opens and operates a bank account in the state
- Keeps a physical existence in the state
For more information on foreign qualification, forming a corporation or LLC for your business or for complete details on other helpful business legal services, please do not hesitate to CONTACT US.