Titusville, FL asked in Contracts, Business Formation and Business Law for Florida

Q: As per Florida Sunbiz website I am planning to start Single member LLC in Florida. (Question & background info. below)

As per Florida statute (Instruction of Article of Organization (FL LLC) on sunbiz website), I am planning to submit application on 06/01/2019 for Single Member LLC to start consulting business (home based) providing engineering advising services but I will keep the LLC Effective Date of 08/15/2019 which is within 90 days.

My plan is to create and publish my LLC website as a cryogenic consulting LLC on 06/10/2019 (with website showing LLC Effective Date of 08/15/2019) and start advertising & marketing by email to find potential customers.

Question: If I do not carry out any business transactions or sign any consulting contracts before the effective date of 08/15/2019, then Based on my LLC application, Can I publish my LLC website and start advertising and marketing for my new LLC business starting 06/10/2019? Is it legally advisable?

1 Lawyer Answer
Andrea Wheeler
Andrea Wheeler
  • Melbourne
  • Licensed in Florida

A: You will not have an active LLC until the date of filing so you cannot hold yourself out as conducting business under that name until it is active. You will be a sole proprietor until you have an active LLC. I recommend speaking to a business attorney because there is a lot more to starting your business off on the right foot than just filing on Sunbiz and you don’t want to open yourself up to liability.

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