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Updated almost 7 years ago, 01/18/2018

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1
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Jay Khan
  • Orlando, FL
0
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1
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Florida Single Member LLC vs Multiple for Couples

Jay Khan
  • Orlando, FL
Posted

I formed a single person LLC, but I've realized I should have formed it under my wife as she will be main person operating.

I was about to start the process to file an amendment to remove myself from the articles of organization and add her as the sole member.

But I read in Florida there are cases where the corporate veil can be pierced. We plan on keeping everything separate for the business but reading the thread it seems in the State of Florida a two member LLC would add more protection than single member LLC.

Except in our case I am thinking would it even matter since we are married.

I would like the business to be under her name, my question is:

a) Is it best to just file the amendments to have her as the sole person involved in the business and remove my name.

b) Or add her as a member, create operating agreement where I am 1% stakeholder and she 99%.  Not sure if that would help or benefit with anything.

I suspect if I move it to her name, I would have to have her file for a new EIN the same way.

FYI - I had filed the papers for the business using a third party site and it was processed at the State like 2 weeks ago.  We have not done anything else other than just submit the paperwork with Sunbiz.

Would appreciate any advice, input, etc.  Thanks!

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