Articles of Organization in Florida | How to File in 2024


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File Articles of Organization in Florida

Forming a Limited Liability Company (LLC) in Florida is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is filing the Articles of Organization with the Florida Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in Florida.

Webinarcare Editorial Team will help you understand the necessary steps to file for Articles of Organization. It would be best if all the factors in this article guided you.

What is Articles of Organization?

Articles of Organization is a legal document filed with the Florida Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Registered Agent, and management structure. Once filed and approved by Florida, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

The Articles of Organization typically contains the following information:

  • Company name
  • The effective date of the company
  • The headquarters of the company
  • The company’s goal
  • The period of the company’s operations
  • Copy of the name registration certificate for the company
  • Registered Agent’s and organizers’ names and addresses
  • At least one company employee

Recommended: Filing Articles of Organization is easy and hassle-free if you hire a professional service. We recommend using –

LegalZoom ($0 + State Fee)

How to File Articles of Organization in Florida?

Aside from hiring a Registered Agent, you should also be aware that a Registered Agent should file Articles of Organization in your Florida LLC. Here are the steps and guidelines for filing.

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, Florida Department of State Division of Corporations, usually available on the Florida Secretary of State’s website.

Step 2: Appoint a Registered Agent

Registered Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your Florida LLC. Most states require LLCs to designate a Registered Agent when filing the Articles of Organization. The Registered Agent must have a physical address in the state and be available during regular business hours.

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business.

You can serve as your own Registered Agent, appoint a friend or family member, or hire a professional Florida Registered Agent Services.

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Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your Florida LLC. While the specific requirements in Florida, the document includes the following information:

  • The LLC’s name
  • The name and address of the Registered Agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In Florida, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the Florida guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the Florida Secretary of State. The submission process may vary depending on the method of choice; Florida allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the Florida Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the Florida Business Name Search to see if the business name you want to use is available there. You must include a copy of your name reservation and your completed Articles of Organization form when submitting.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the Florida Secretary of State
  • Complete the necessary details in the form.
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the Florida LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to New Filing Section, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In Florida, the Articles of Organization fee costs around $100 which you can pay in the Florida Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out Florida LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in Florida can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom($0 + State Fee for LLC formation)

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in Florida is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In Florida, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax. As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in Florida Department of Revenue.

In terms of franchise tax for your LLC in Florida, there is No franchise tax. Consult your Florida Department of Revenue and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Annual Reports in Florida, paying required fees every 1 year (between 1st January and 1st May), and keeping accurate records of your LLC’s activities. Stay informed about Florida specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in Florida?

Yes, the Articles of Organization is necessary to be filed with Florida Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Registered Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by Florida.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the Florida Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

What is an LLC?
LLC stands for Limited Liability Company, which is a type of business structure that provides personal protection to owners while allowing them to keep their business assets separate.
What is the process to file LLC Articles of Organization in Florida?
You need to file online Articles of Organization through the Florida Division of Corporations or mail a completed form.
What is the fee to file Llc Articles of Organization in Florida?
The filing fee for LLC Articles of Organization is $125 in Florida, whether you file online or use traditional mail service.
How long does it take for the state of Florida to process LLC Articles of Organization?
It typically takes around 2-3 weeks for the Florida state to process the LLC Articles of Organization.
Can I reserve a name before filing LLC Articles of Organization in Florida?
Yes, you are required to do so.
Can I file my Articles of Organization online?
Yes, but you need to do so with the assistance of the sunbiz.org registration system.
Do I need a registered agent for my LLC to file Articles of Organization In Florida?
Yes, LLCs are required to have a registered agent in Florida; even foreign companies also should designate one.
Do I have to use a Florida-based registered agent for LLC Articles of organization?
The registered agent must have a physical Florida address, and business owners can elect in state or out state agent.
Do I have to specify a publishing schedule in Florida for my LLC once Articles of Organization have been filed?
It is generally not required to provide publishing information as far as we know.
Does the filing fee comprise both the submitted form and the registered agent fee costs?
Filed Articles of Organization entice $125 State acceptance payment, absent the fee included for a registered agent.
Can I fast-track articles of organization Florida?
Yes, there are two upgrade options starting from $30, then can advance to priority level.
Why should I choose an LLC over a sole proprietorship or partnership format?
Operating under an LLC provides limited liability also allowing business owners to rightfully limit fianacing of one asset at risk.
Is an LLC of more benefit over a corporation?
LLCs provide a lower organization cost and to shareholders it gives tax flexibility that companies do not.
After filing Articles of Organization as LLC in Florida, will I get a separate tax party for my business?
This generally depends on the tax classification chosen for the LLC; if disregarded then generally no distinct reportablity is necessary.
Can Foreign companies file LLC Articles of Organization in the state of Florida?
Florida Boards also permit foreign companies who want to use their LLC articles of organization for official recognition within the state.
Who is bound to sign the Articles of Organization submission?
Only approved representative(s) may act as resident, one generated from Florida or foreign countries operating in Florida.
If I revise or make corrections to the Articles of Organization, how much do I have to further pay?
Postfiling new edition acquire clear fees ranging from $25 charge or lowest $*5 for tentative email purchases.
If my LLC location change, what’s required?
Your LLC must file “Articles of Amendment” through Florida Division of Corporations and file a fee of $25.
Can I serve simultaneously as the representative and registered agent for my LLC?
You can have the company’s incorporation inception paperwork shifted by basically all members, also owners categorized within Florida.
Who carries all accounting procedure for the LLC once it Has been launched?
The easiest way to call company accounts all backed up is to assign an Agent to help keep track moves across this platform managing returned funds regularly as support comes in to reception.
Can I firmly have more than one managing executive/partner?
An LLC owned company depending highly on what Stage (Forming/Operationn/Launch) it enters can come without restraint and takes two one manager as many managers stipulation standards.
Do all individual contributors within the LLC hold the same amount of securities always?
LLC distributions of definite returns might depend on shares consent taken or varying domestic settings subscribed unless operational planning suggests concurrent agreement.
Can you merge LLC’s formed in other states with Florida formed LLCs?
LLCs made outside Florida can perform business locational merge continuously transitioning itself into a Florida established system copying previous documentation and transferring assets as agreed.
How can ownership shares of LLCs be privately transferred?
Often all capital representatives can decide own agreement freely until yearly audits prove identifications match desired purchased percentages.
Are corporate arrangements common or feasible to associate with an LLC style of ownership?
These structures differ based on specifics of other including accrued members to investors income planning income given depending on where of the programs take place.
Can an individual form more than one LLC to handle their private assets?
Fictitious entity under LLC grouping still grants clearance amongst Federal guidelines allowing members to gather many exemptions founding distinct chains various purpose different sized businesses dependent upon regional locations wherever assented obligations commence.
How will worker compensation of payroll taxes be setup with LLC formations?
Single-owner businesses usually solicit tax-ID credits making partnership connections employee amounts to lower and make accessible Fund box practical application dependent on contracts made taking place between once officially acknowledged.
Are other internal documents required in addition to Florida Article of Organization for LLC operations?
It authorically obligatory, however following evolving stips varying based on business size and caretaker(s) rolls. These extra papers incorporate tax reports or ledger expressions as properties accumulate for record.
What is the first step to filing an LLC Articles of Organization in Florida?
The first step is to visit the Florida Division of Corporations website to download the necessary forms.
How much does it cost to file Articles of Organization for an LLC in Florida?
It costs $125 to file Articles of Organization for an LLC in Florida.
Can I file Articles of Organization for my LLC online in Florida?
Yes, you can file Articles of Organization for your LLC online in Florida.
Do I have to have a registered agent in Florida to file Articles of Organization for my LLC?
Yes, you must have a registered agent in Florida to file Articles of Organization for your LLC.
What is a registered agent, and what do they do when filing Articles of Organization for my LLC in Florida?
A registered agent is a designated individual or company who will receive legal documents on behalf of your LLC in Florida.
Can I act as my own registered agent when filing Articles of Organization for my LLC in Florida?
Yes, you can act as your own registered agent when filing Articles of Organization for your LLC in Florida.
How long does it take to file Articles of Organization for an LLC in Florida?
The processing time for filing Articles of Organization normally takes approximately five to seven business days in Florida.
Does Florida require proof of publication when filing LLC Articles of Organization?
No, Florida does not require proof of publication when filing LLC Articles of Organization.
Are there any residency requirements in Florida for filing LLC Articles of Organization?
No, there are no residency requirements in Florida for filing LLC Articles of Organization.
Is there a name reservation option when filing Articles of Organization for an LLC in Florida?
Yes, there is an option to reserve a name when filing Articles of Organization for an LLC in Florida.
Can I file my LLC Articles of Organization paperwork in Florida via mail, fax or email?
No, Florida does not accept mail, fax, or email submissions of LLC Articles of Organization.
Is it possible to expedite the processing time for filing LLC Articles of Organization in Florida?
Yes, you can expedite the processing time by paying an additional fee.
Can I change my LLC’s name after filing Articles of Organization in Florida?
Yes, you can change your LLC’s name after filing Articles of Organization in Florida.
Do I have to file any other documents besides Articles of Organization when starting my LLC in Florida?
No, you do not have to file any other documents, but your LLC may require additional licenses per Florida statutes.
Can I register multiple LLCs in Florida at the same time on the same Articles of Organization filing?
No, you must file separate Articles of Organization for each LLC in Florida.
Is there a limit to the number of members an LLC can have in Florida?
No, there is no limit to the number of members an LLC can have in Florida.
Can I file Articles of Organization for my nonprofit LLC in Florida?
Yes, you can file Articles of Organization for your nonprofit LLC in Florida.
Are there any age restrictions for anyone wanting to file LLC Articles of Organization in Florida?
No, there are no age restrictions in Florida for filing LLC Articles of Organization.
Can I file LLC Articles of Organization for an LLC- that operates in a different state and resides in Florida?
Yes, even if an LLC resides in another state and operates in Florida, you still need to file the LLC Articles of Organization in Florida.
Do I need an operating agreement when filing LLC Articles of Organization in Florida?
No, an operating agreement is not required in Florida for filing LLC Articles of Organization.
What do I need to get an EIN and should I apply for it before or after I file our llc Articles of organization in Florida?
You will need your Articles of Organization and other supporting documents to obtain an EIN. You can apply for it before or after filing the LLC Articles of Organization in Florida.
Does Florida offer expedited processing with a double fee when filing my LLC’s Articles of Organization?
Florida does not offer expedited processing with a double fee when filing LLC Articles of Organization.
Can an LLC be dissolved if the Articles of Organization are not filed in Florida?
No, an LLC in Florida cannot be dissolved if the Articles of Organization are not filed within sixty days of starting the business. However, businesses may face stiff fines and monetary penalties.
Who maintains the registered office address of an LLC registered in Florida and how is it changed if necessary?
The Florida Registered Agent maintains the registered office address of an LLC, and you must file a statement of change to update it if necessary.
Who can file an Article of Organization for an LLC in Florida?
An LLC’s organizer or an authorized party can file the Article of Organization for the LLC in Florida.
Can I file Articles of Amendment to modify ownership percentages or the Articles of Organization for my LLC after they are filed in Florida?
Yes, you can file Articles of Amendment to modify ownership percentages and the Articles of Organization for your LLC after they are filed in Florida.
Are operating agreements filed with the Florida Secretary of State?
Operating agreements are not filed with the Florida Secretary of State, but they should be kept in the LLC’s records.
Can I convert a sole proprietorship to an LLC in Florida?
Yes, you can convert a sole proprietorship to an LLC in Florida.
Do I need to renew my LLC annually with the State of Florida?
Yes, you need to file an Annual Report each year to renew your LLC with the State of Florida.

Also Read

Can You Change or Modify Your Florida LLC Articles of Organization?

One of the most common reasons for wanting to change or modify your articles of organization is to update information about your business. This could include changes to your company name, address, members, or even your business activities. Keeping this information current is important for maintaining compliance with state regulations and ensuring that your business operates smoothly.

Fortunately, the process for changing your Florida LLC articles of organization is relatively straightforward. The first step is to draft an amendment to your existing articles, outlining the specific changes you want to make. This document must be approved by all members of the LLC, and in some cases, it may require a vote according to the operating agreement. Once the amendment is approved, it must be filed with the Florida Secretary of State along with the appropriate filing fee.

It is important to note that there are limitations to the changes that can be made to your articles of organization. For example, you cannot make changes that would affect the limited liability protections of your members, or that would violate state regulations. Additionally, changes to your articles may also require updates to other legal documents, such as your operating agreement or tax forms.

Another reason for wanting to modify your articles of organization is to add or remove members from your LLC. This may be necessary due to changes in ownership or the departure of a member. Again, this process involves drafting an amendment to the articles and obtaining approval from all members before filing with the Secretary of State.

In some cases, you may also want to change the management structure of your LLC. This could involve appointing a new manager or changing the voting rights of existing members. These types of changes can also be made through an amendment to your articles of organization.

Overall, it is important to understand the procedures and requirements for changing or modifying your Florida LLC articles of organization. By following the proper steps and obtaining the necessary approvals, you can ensure that your LLC remains in good standing with the state and that your business operations are accurately reflected in your legal documents.

In conclusion, while the process of changing your Florida LLC articles of organization may seem daunting, it is a manageable task with the right knowledge and guidance. Keeping your articles up to date is crucial for maintaining compliance and ensuring that your business operates smoothly. By following the proper procedures and obtaining the necessary approvals, you can make the necessary changes to your articles of organization and keep your LLC in good standing.

Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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