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Jason Gabbard
Founder of justLaw
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How to use FL’s Sunbiz to form an LLC

Using Florida’s Sunbiz: What to Know Now

Quick primer from your friends at JUSTLAW on how to use Florida’s Sunbiz system (3 min read)

Florida is on fire these days from a business and cultural perspective. For that and other reasons, we see a lot of folks wanting to form new companies in Florida. If you want to form an LLC in Florida, you should read on. There are 4 steps to get your LLC started:
    1. Understand the requirements for filing your LLC’s Articles of Organization.
    2. Assemble and organize the information you’ll need to file.
    3. Complete the online Sunbiz Articles of Organization.
    4. Pay for the filing with an acceptable method of payment.

FAQs

Where can I find more information about starting and running a business in Florida?

The Florida Division of Corporations has published a very helpful set of content to answer most general questions that is available free of charge on their website.

How can I pay when filing my Articles of Organization?

There are multiple options, but we recommend using your credit card.

Is the name of my LLC available for use?

Good question. To answer it, just head over to the Sunbiz name search tool to perform a free search.

Do I have to file online?

No. But we find it to be the fastest, most convenient manner of filing.  But you can also download an Articles of Organization application and then submit your application and payment by mail. When submitting by mail, you must pay with either a money order or check.

Do I need to hire a registered agent?

No. But many entrepreneurs do for a few reasons. A registered agent agrees to ALWAYS accept mail and lawsuits on behalf of the business. You may move and change addresses in the future, but the agent won’t (or at least will keep the records updated). In addition, hiring a registered agent, like JUSTLAW, will help you personally keep private. Many entrepreneurs value the privacy.

After filing the Articles of Organization, how long will it take for them to be processed and posted?

It depends on how you filed and current demand, but it’s typically fast. Sunbiz is a remarkably efficient engine for the State of Florida. If your Articles of Organization were submitted and paid for online, they are processed in the order received, which typically results in a 2-3 day processing time. If you submit the Articles by mail, expect processing time in the 3-5 business days range.

How can online forms be signed? 

Under s.15.16, F.S. typing your name will fulfill the signature requirement. Legally, e-signatures are the same as physical signatures. If you sign someone else’s name without their permission, this is considered forgery.

How do I get a copy of my Articles of Organization?

After your Articles of Organization have been posted, you can download a free copy at Sunbiz.

Why would my application be rejected?

Every application will be closely reviewed to make sure they meet state requirements. In the event your application is rejected, you likely failed to fulfill one of these requirements.

What can I do after my application has been rejected?

You can make any necessary corrections to your Articles of Organization by visiting the Sunbiz website and entering your PIN and tracking number.

Limited Liability Company Name

Florida, like most (if not all) states, requires you to have a unique name for your LLC.

Before you submit your formation documents, you should perform a search to determine the availability of your LLC name. In addition, make sure that the name of your company includes the words limited liability company, or LLC/L.L.C. If you’re establishing a professional limited liability company, the name of your company should include the abbreviations PLLC or P.L.L.C, or the words Professional Limited Liability Company or Chartered. You should not use your LLC name until it has been approved by the Division of Corporations.

Requirements

When submitting your formation documents, you should make sure to include the following:

    1. The business name
    2. The business purpose of the LLC (eg, “to engage in the sale of apparel”)
    3. The principal place of business of the company
    4. The mailing address of your LLC (or other entity), if different
    5. The registered agent’s name
    6. The registered agent’s mailing address
    7. Signature of the registered agent

Optionally, you may include the names and addresses of the managers and authorized representatives of the LLC.

If you need help with your LLC Sunbiz filing, you can use the JUSTLAW marketplace to find a top attorney at an affordable price. At JUSTLAW, we have over 300 attorneys in our network, and many of them are drawn from top law schools like Yale and Harvard, and have worked in the top firms in the world.