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TOP TEN CHECK POINTS FOR SETTING UP A FLORIDA COMPANY

1. Select the proper legal entity for your business, whether it’s a limited partnership (LP), a limited liability company (LLC), a corporation or a professional association (PA).

2. Search and apply for federal trademark registration of the brand name you want to use in connection with your goods and/or services.

3. Prepare and file custom Articles of Organization (for an LLC) or Articles of Incorporation (for a corporation or PA), with the Florida Department of State.

4. Obtain your company’s Employer Identification Number (EIN). This is the company’s tax ID number and will be required to open a business bank account.

5. Register your Fictitious (D/B/A) Name. If your trade name is different than your legal company name, you must file a Fictitious Name registration with the Department of State.

6. Prepare and file with the Internal Revenue Service (IRS) any affirmative tax elections or designations that may be required, depending on how you intend for the company and its owners to be taxed (e.g., C corp, S corp).

7. Register to conduct business within your county or city. This includes payment of local business taxes and other fees, the costs of which depends on your location, trade or industry.

8. Obtain any required licenses from the Department of Business and Professional Regulation, depending on your trade or industry (e.g., Notary public, real estate, transportation, cosmetology, insurance, among others).

9. Obtain permits required to open a physical location, including a Certificate of Use and/or a Certificate of Occupancy.

10. Register to collect Sales and Use Tax, as applicable, through the Florida Department of Revenue.

In addition to this recommended checklist, there may be other local and municipal requirements in order to establish your business in Florida. Be sure to check the local rules and regulations governing your city or county, and also your industry to ensure proper compliance in all regards.

We’re happy to talk with you about any of the above steps in setting up your Florida company. We offer complimentary telephone consultations with one of our business and trademark law attorneys. Please contact our office to schedule an appointment, (305) 913-1333.

*The information herein is not intended as legal advice. Please consult an attorney regarding your specific circumstance.
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