All Forum Posts by: Matt Horwitz

@David T., no need to correct it. Just file as-is along with your Certificate of Formation. You should be good to go :)

@David T., good clarifying question. Your LLC is technically located wherever your registered office is (the address of your Registered Agent). That's the only address field on the Certificate of Formation. So in your case, that'd be Houston County. Hope that helps!

@Brandon Phillips, here are the steps for forming an LLC in Florida.

1. LLC Name. Search your desired LLC name to make sure it's unique and available to use. Here's the Florida database search page: http://search.sunbiz.org/Inquiry/CorporationSearch/ByName. LLC designator: your LLC name must end with LLC, L.L.C., or Limited Liability Company. "LLC" is the most common. You can put a comma in your LLC name or leave it out. Both are accepted. It's personal preference.

2. Registered Agent. Choose a Registered Agent for your LLC. A Registered Agent is a person or company who agrees to accept legal mail on behalf of your Florida LLC in case your business gets sued (and for other legal reasons). Your Registered Agent must have a street address in Florida (PO Boxes are not allowed). You can list yourself, a friend, or a family member as the LLC's Registered Agent. You can also hire a professional Registered Agent (called a Commercial Registered Agent). Once you make this decision, you'll include this in step 3 (the Articles of Organization). Florida also has a quirk (unique and not common in most states) where you can use a virtual office as your Registered Agent address (and list your name as the Registered Agent). You can use an actual virtual office, or you can use a PMB/CMRA such as the UPS Store.

3. File Articles of Organization with the FL Department of State (the Division of Corporations). Can be filed by mail (http://form.sunbiz.org/pdf/cr2e047.pdf), but quicker and easier to file online online: https://efile.sunbiz.org/llc_file.html. Filing fee is $125 (unless you order a Certified Copy + a Certificate of Status... then it's $160). Florida LLC's are approved in 1 week or less. You'll receive a stamped and approved Articles of Organization and Acknowledgment Letter in PDF format, sent via email (if you file online).

4. LLC Operating Agreement. Sign an Operating Agreement, which states who the LLC owners (called members) are, how much they own, how profits are split, how taxes are paid, how the LLC is managed, and more. Email me for a copy.

5. Federal Tax ID Number (EIN). Wait for LLC approval from state, then apply for EIN with the IRS. Can all be done online in 10-15 minutes and it is free. Only available M-F, 7am-10pm. https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online. If you google "llc university ein instructions", you'll find some step-by-step video instructions I made.

6. LLC bank account. Open LLC checking account. Call around and shop rates. Most banks charge monthly maintenance fees, but a few do not (I prefer ones that do not ;) Bring stamped and approved Articles of Organization, EIN, and driver's license.

7. Annual Report. This is $138.75 per year. Your FL LLC Annual Report must be filed before May 1st every year. It can be filed as early as January 1st. Anything received after May 1st is late and will be assessed a hefty penalty ($400). Your first Annual Report is not due until the year following the year of your LLC's formation. For example, if your LLC was formed anytime in 2017, your LLC's Annual Report will not be due until sometime between January 1st and May 1st of 2018.

Hope that helps!

@Brandon Phillips, did you proceed with the filing yet? If not, I can place the FL LLC steps here for you.

@Abhinav Mittal, if you live and do business in CA, you should not form an LLC out-of-state. FTB and Secretary of State are very strict on this.

Thanks @Kurt McDowell. Just sent you a message.

Thanks @Bill Hallman. April actually messaged me already.

Hello BP Orlando, looking for recommendations.

Partners and I own a 3/3 condo in Seminole County. Property owned free and clear by our LLC. Looking for lender recommendations for a cash-out commercial refinance (loan given to the LLC). Thanks!

@Sergii Khromchenko, @Scott L. is correct. Form the LLC in the state where the property is located since that is where you are legally doing business.

@Bryan Hudspeth, @Scott L. is correct. I'd avoid forming in Nevada. Further, a Foreign LLC registration in Texas is the most expensive in the nation at $750. Plus, maintaining a Nevada LLC is also a bit more expensive than average with an annual report fee of $350 (plus you'll likely be hiring a Commercial Registered Agent). That is certainly one heck of a sales pitch ;)