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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101552
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I started an Event/ Wedding planning business in Jacksonville,

Customer Question

I started an Event/ Wedding planning business in Jacksonville, Florida. I am a certified wedding planner, but I am unsure of the licenses my business will need. I was warned that a sole-proprietorship would be the best option for my small business as it grows. I was also informed that I need to get a fictitious name license. Also, I was told that in Florida, I do not need a business licensee since I am using a cell phone and a P.O. box as an address. Are these three things true?
Also, what is required for my business as far as insurance?
I need to know what is legally required for each of these topics, as well as what is the best for my business financially.
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am a certified wedding planner, but I am unsure of the licenses my business will need.

In Florida, one does not need a state license to be a wedding planner. Your certification comments on your formal education in the matter and gives clients more confidence in your abilities, but it is not state-mandated.

I was warned that a sole-proprietorship would be the best option for my small business as it grows.

I am guessing there you are talking about corporations. Should you incorporate or not? Many businesses do, but it is not mandatory. The main reason for incorporation is liability protection. If something goes wrong, the client can sue the business, but not you personally. In other words, they can attack the business assets for judgment (if they get a judgment), but not your own. This is called personal liability protection. For a small business that is slowly growing, an LLC is actually preferred.

I was also informed that I need to get a fictitious name license.

If you want to. For example, if Joe has a flower store, they do not call the flower store "Joe." They call it "Joe's Flowers." You can get a fictitious name certificate for your business either incorporated or not. For example, you can be:

Amanda working as "Amanda's Weddings"

or

Amanda Corp, LLC, working as "Amanda's Weddings."

Either you or your corp (if you incorporate) can have a fictitious name. See here.

Also, I was told that in Florida, I do not need a business licensee since I am using a cell phone and a P.O. box as an address. Are these three things true?

Yes and no. As discussed, wedding planners do not need a business license in Florida. The fact that you are using a cell phone and/or a PO Box does not matter.

Also, what is required for my business as far as insurance?

There is no requirement for business insurance for a wedding planner in Florida. However, should you wish to get insurance, this is your choice.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

In order to get a bank account for my business, do I need a fictitious name?


 


And would Everlasting Events work as a fictitious name or does it have to have my name in it?

Expert:  Ely replied 3 years ago.
Thank you for your follow up, Rachael.

In order to get a bank account for my business, do I need a fictitious name?

If you want the name of the account to be in the fictitious name, then yes. If you want it to be in your name, then no. If you plan to incorporate, then you want the account to be either in the name of the corporation or the fictitious business name.

And would Everlasting Events work as a fictitious name or does it have to have my name in it?

It does NOT have to have your name in it. You can call it whatever you please...

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

Are there any reasons for me to incorporate my business if I have a contract that relieves me from any liabilities?

Expert:  Ely replied 3 years ago.
Hello,

My apologies for the wait, as I was offline when you replied.

Are there any reasons for me to incorporate my business if I have a contract that relieves me from any liabilities?

Well... yes. Because a contract may always be argued in Court, and that clause may be (potentially) struck down. A contract clause that protects you from liability (called a "waiver" often) may be struck down if the alleged action by you is allegedly gross negligence or purposefully hurtful. So a party can try to have that waiver clause struck. As such, an extra layer of protection never hurts.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.