How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Business Law
Satisfied Customers: 7593
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Business Law Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

Hi I would like to start and LLC in florida, I live there,

Customer Question

Hi I would like to start and LLC in florida, I live there, but travel a lot to california and do a lot of business there.

I havent started a company yet, and I am the sole owner. where should i start? I have a name for the company.
thanks Bettina
Submitted: 1 year ago.
Category: Business Law
Expert:  LawHelpNow replied 1 year ago.

Hello Bettina,


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!


Take care,


Ben, J.D.

Customer: replied 1 year ago.

Hello Ben,


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,


Bettina

Expert:  LawHelpNow replied 1 year ago.

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:

Time Tables

Hope that helps some more and that all goes smoothly!

Best regards,

Ben, J.D.

Customer: replied 1 year ago.


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,


Bettina

Customer: replied 1 year ago.

Hi Ben,


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!


:)


thanks Bettina

Expert:  LawHelpNow replied 1 year ago.

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!

Kind regards,

Ben, J.D.

Customer: replied 1 year ago.

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.


:)


 

Expert:  LawHelpNow replied 1 year ago.

Hello Bettina,

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!

Take care,

Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Business Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 11 other Business Law Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
Hello Bettina,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
Customer: replied 1 year ago.


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!


Thanks again,


Bettina

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions