Sarasota, FL asked in Business Law for Florida

Q: Does a foreign LLC need a FL Certificate of Authority to rent real property if done by a FL management co.?

FL 607.1501(e) meaning of 'selling through independent contractor'

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: While Florida Statute 607.1501 (2) (e) indeed provides that "selling through independent contractor" does not constitute the transaction of business, the rental (as a landlord) of real property is not the same as "selling". However Subsection (2) (m) also describes (as not being transaction of business) "Owning, protecting, and maintaining, without more, real or personal property". And Subsection (3) provides that "The list of activities in subsection (2) is not an exhaustive list of activities that do not constitute transacting business". So such a foreign business would have a good argument that it doesn't need a certificate of authority.

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