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My name isXXXXX'm a licensed attorney. Glad to try and help out.
Congratulations on your business idea!
I'm pleased to share the following information with you. I've been through the formation of a business entity myself, so I'm happy to say it's actually a fairly pain free process these days. Here's how it works.
You'll be making accomplishing your objective through the Florida Department of State Division of Corporations.
Here's your filing form to start your business entity:
Florida Limited Liability Company/LLC
And, pertaining to your business name, you'll need this document:
Fictitious Name Application
There are fees for both, as expressed in the following tables:
Limited Liability Company Fees
Fictitious Name Fees
Generally, this is a rather seamless process, but just in case you do need further assistance, here's a couple of resource that can certainly come in handy:
Limited Liability Company Filing Help
Fictitious Name Registration Filing Help
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you and that you prosper with this endeavor!
Thank you for getting back to me. I have one more question.
as you have done this before is it better for me to get an LLC, or a CCorp or SCorp, again I am the sole owner living in florida, and would be doing business from home. how long does this process take to start?
Thanks for your help again,
Hello again Bettina,
Thanks for writing back..great to hear from you!
You are most welcome..my pleasure entirely!
It makes my day to know that my answers have been helpful to you. I do thank you so much for taking the time to express your appreciation with such kind words.
Sure, logical questions, and I'm very happy to answer.
In terms of selecting the most appropriate business entity, gives your description my personal preference would be in this order:
(1) Limited Liability Company
(2) Corporation (preferably "S" followed by "C")
Now, to see the pros and cons of each, if you click the links provided, it will take you to a very nice Florida specific overview. LLCs are very popular these days, and that would be my personal pick. If you do go with a corporation, however, whether "S" or "C", your procedure at the state level will be exactly the same. It will only be at the federal taxation level that the "S" and "C" treatment come into play.
And as concerns the time table, here's an explanation of both standard and expedited average processing periods:
Hope that helps some more and that all goes smoothly!
Ben your so much help!
So all I have to do is fill out online the LLC paperwork and pay the bill and it's done?
what happens if I only start the company in a few months after I have my LLC? or I never use the company (which wont happen, but you know)
Happy Easter to you and yours,
one last question,
what happens when the LLC name is XXXXX XXXXX inactive?
The name of the company is not taken on the Ficticious names though, can i still create a ficticious name and have the LLC?
Im going the LLC route thanks to your help!
Hello there Bettina,
I'll answer your additional questions in the order presented to try and keep my self organized:
(1) "So all I have to do is fill out online the LLC paperwork and pay the bill and it's done?"
Yes, indeed, it's actually a rather straightforward process these days, glad to say.
(2) "what happens if I only start the company in a few months after I have my LLC? or I never use the company (which wont happen, but you know)"
This actually happens more than you might imagine. It's no big deal. There's a couple of ways a company (and I'm using that term generically here, to include corporations and LLCs) can come to an end. One way would be by filing the necessary dissolution paperwork. The other way is be default, meaning it just becomes listed as "inactive". If you do a simple search for similar sounding names (say, perhaps, "Smith, Inc." or something like that), you'll often come up with one or two active entries and a whole list of defunct ones.
(3) "what happens when the LLC name is XXXXX XXXXX inactive?"
This is somewhat touched on above, but it generally comes down to how noticeable the use of the name is XXXXX XXXXX vigilant the owner is. For example, say I formed "XYZ, LLC", didn't do much with it, but then I happen to see that you open up "XYX, LLC" across town. I would bear the burden of sending you notice that I protest and your name is XXXXX XXXXX As a practical matter, however, this happens all the time and often goes under the radar, so to speak.
(4) "The name of the company is not taken on the Ficticious names though, can i still create a ficticious name and have the LLC?"
Yes, absolutely. Many times folks will reserve a name (akin to reserving an online domain name), thinking they have great business concept, and then go no further. As long as the state government gets their fee, that's all they care about, meaning you're not required to go any further.
And...last but not least...a most Happy Easter to you and yours, as well!
LOL last question ...
so say I get the LLC in my name, I can create my company name (that I want on my letter head, email, business cards) ficticiously/DBA?
is that right?
I would have to get both right?
sorry for the confusion.
Yes, that is indeed correct. Say the name you like is available and you complete your paperwork (as outlined above). Once you receive your confirmation from the state, you're set to go. You can create letterhead, envelopes, business cards, etc. saying "Bettina Enterprises, LLC" (just for example).
I think your understanding is right on point and you're set to make your dream a reality!
Ben you have been more than helpful, I started my LLC in Florida and just got the confirmation that it has gone through!!!
thank you so much, if I need more help, I will get in touch with you!
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