How to Incorporate in Florida

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5 Steps to Incorporate or Form an LLC in Florida

1. Make sure your company name choice is available according to Florida Statute.

Your company name must include the correct corporate or LLC identifier:

• Corporations: "Corporation", "Incorporated" or an abbreviation.
• LLC’s: "Limited Liability Company" or an abbreviation.

Florida Name & Business Purpose Restrictions:

• May not contain language stating or implying that the corporation is connected with a state or federal government agency or a corporation chartered under the laws of the United States.
• "Florida" alone is not distinguising. For example, "Florida Communications Services, LLC" would be considered the same as "Communications Services, LLC" or "Communications Services of Florida, LLC".
• "Ltd." is not an acceptable corporate ending.
• "My" is not distinguising. For example "My Florida Services, LLC" would be considered the same as "Florida Services, LLC".

2. File the correct paperwork with the Florida Department of State Division of Corporations.

For Corporations you must file "Articles of Incorporation", for LLC’s you must file "Articles of Organization".

Helpful Link: Corporation vs. S-Corporation vs. LLC vs. DBA

3. Hold the "Organizational Meeting" and adopt the company’s Bylaws (Corporations) or Operating Agreement (LLC’s).

The Organizational Meeting is how you determine the percentage of ownership for each shareholder (Corporation) or Member (LLC's) as well as resolve to do tasks like open a company bank account, pay back pre-incorporation expenses, elect S-Corporation status and more.

4. Obtain a Federal Employer Identification Number (FEIN) for your company and open a company bank account.

4a. Optional: If you want your corporation to be an S-Corporation, submit IRS form 2553 to the IRS within 75 days of your date of incorporation and adopt the appropriate corporate resolution. If you miss the deadline, the IRS allows you to file a late election.

5. Get a local business license from the city (or county) where you will be doing business.

Optional: File a Florida DBA (also known as a "Doing Business As", "Fictitious Business Name" or "FBN").

If you intend to "do business as" a name different from your corporation or LLC name, then you can file a Florida DBA in the county where your business is located. This will allow you to open a bank account and accept payment under the different name. If you simply want to do business as your corporation or LLC name, then the DBA would not be required.

Stock Information

In Florida, you can authorize an unlimited number of shares of No Par Value stock.

Yearly Requirements

Annual Report is due annually from January 1 to May 1.

Annual Report Fee: $150.00 for Corporations; $144.00 for LLCs.

Learn More:

• Frequently Asked Questions About Incorporating or Forming an LLC
• Corporation vs. S-Corporation vs. LLC vs. DBA
• Advantages of Incorporating
• After Forming a Corporation or LLC
• Florida Corporate Code and LLC Code