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Florida Business Formation Questions & Answers
1 Answer | Asked in Business Formation for Florida on
Q: I have an LLC , and I want to convert in a private Non profit Organization what are the requirements?

please guide me steps by steps

my organisation is a service business tax businesses

Keith Kanouse
Keith Kanouse
answered on Oct 6, 2024

A good explanation of the steps to take are at:

https://charitableallies.org/can-you-convert-an-llc-into-a-nonprofit/#:~:text=At%20this%20point%2C%20you'll,exempt%20status%20with%20the%20IRS.

2 Answers | Asked in Business Formation for Florida on
Q: Is it OK to buy a business in your personal name then switch to llc
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2024

Sure. Federal tax returns might be more complicated, if you had personal income before the switch, but it should work.

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1 Answer | Asked in Business Formation for Florida on
Q: What do I need to operate an online Spanish teaching business in Florida?

My relative has a spanish language teaching business where students are taught via video call. Her business is in a foreign country, she wants me to become her business partner to expand to USA since I live here. I was wondering what the steps would be in order to launch the business here, like... View More

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Expanding your relative's Spanish language teaching business to the U.S. is an exciting opportunity, and we’re here to help guide you through the process of launching the business stateside.

To get started, here are some of the key steps to consider:

Business Structure:...
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1 Answer | Asked in Business Formation for Florida on
Q: Starting a dual-member Florida LLC

I'm going to open in Florida LLC. I will own 51% through another Florida LLC that I own, and my partner will own 49% through a Florida LLC that he owns. My question is, will our personal names be made public even though we own our shares through other LLC's?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 13, 2024

Annual reports are to be filed with Sunbiz ( https://search.sunbiz.org/Inquiry/CorporationSearch/ByName). These reports may require names and addresses of the registered agents and other company officers.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: How much does it cost for necessary paperwork to be able to operate a food trailer in Palm Beach Florida?

What would an attorney charge me to aquire lisence/permits for food trailer?

Jennifer Newton
Jennifer Newton
answered on Jul 15, 2024

The costs involved for the required licenses and permits can vary depending on several factors, such as specific local regulations and the type of food services you plan to offer. To provide you with an accurate estimate, we recommend scheduling a consultation with an experienced attorney.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Do I need to register my small business as a sole proprietorship if it has my legal first name in the name?

My name is Janina G., my small business name is ‘janinasdiycrafts’. I currently sell handmade goods as a hobby, I haven’t made enough money to register it as a business. (Still in the hobby tax bracket) my questions is do I need to register it as a sole proprietorship in Florida since it’s... View More

Keith Kanouse
Keith Kanouse
answered on Oct 17, 2023

There is no registration with the Florida Secretary of State's Office for a sole proprietorship. However, since you are doing business other than your own name you need to comply with Florida's Fictious Name Statute.

In Florida, Section 865.09 of the Florida Statutes requires the...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Will Error and Omissions insurance cover subsidiary companies if put under the holding companies name?

I am currently starting a notary business to work with my local title companies. I have future plans to start a bookkeeping business as well. I thought about starting a holding company and running the bookkeeping and notary business as subsidiary companies. If I purchase Errors and Omissions... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

It depends on the policy, but yes it can. Be very clear when applying for the policy that you want it to cover affiliates of the named insured and their employees and officers.

2 Answers | Asked in Business Formation for Florida on
Q: Hello, can I from an LLC in Delaware as a Florida resident?
Evelyn Suero
Evelyn Suero
answered on Sep 10, 2023

Yes you can form a Delaware LLC while residing in Florida.

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: When a non-profit organization dissolves, does the IRS-required asset-distribution clause apply to fixed assets, home?

The previous question I asked was intended to apply to Florida not California. The scenario would apply to partial funds from 501(c)3 donors used to purchase a home in Baja California which is Mexico over 25 years ago while the majority was used to purchase from "own" private funds.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2023

Yes, when a non-profit corporation is dissolved, the assets covered by the asset-distribution clause applies to real property such as that in Mexico. It's essentially a matter of federal law, so it doesn't much matter whether the non-profit was incorporated in Florida, California, or elsewhere.

1 Answer | Asked in Business Formation, Consumer Law and Contracts for Florida on
Q: I trade-in my car in Dec. 2023, as of now the dealership has not paid it off. Now I have a charge off on my credit

I report the dealership to the DMV. The DMV advised to file a complaint with the dealership insurance bond company. I followed instructions. I was served and the insurance company is suing me and 4 other defendants. They stated myself and the 4 defendants will have to split a $25,000 bond. Any... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 10, 2023

You want to know why you are being sued. The complaint which names you as a defendant should indicate why. If it doesn't, consider moving to dismiss.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I have an existing LLC in the state of Florida. Can it be converted to a non-profit? It is an arts organization.

Performing Arts Theatre. Live shows. Educational and Community.

Where would I find the procedure if this is a possibility.

Matthew Morris
Matthew Morris
answered on Jul 3, 2023

It is very difficult to function as a nonprofit and also as an LLC. The essential nature of an LLC is that the money left over at the end of the year gets distributed to the members, who are essentially the owners of the LLC. The essential nature of a nonprofit is that nobody is allowed to get the... View More

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1 Answer | Asked in Business Formation and Real Estate Law for Florida on
Q: If I change my mind abt the move before my move in date, after paid and assigned the lease can I bring my deposit back?

I assigned the lease agreement and already paid my deposit, but had an emergency and I can’t move anymore. Can I bring my deposit back? I don’t move in yet I just paid and assigned the lease.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

No, Normally you can't get a refund of your deposit. You signed the lease and paid the deposit; the deposit is for the purpose of protecting the landlord if you change your mind.

2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 31, 2023

It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... View More

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Local Tax Exempt Organization - how should a Board of Directors be constructed? Worried about losing control of entity.

Local Tax Exempt Organization IRS 501(c)(3) - how should a Board of Directors be constructed? I am worried about losing control of entity. What defensive measures can be instituted to prevent loss of voting control? I am the founder of the entity. This will be a big entity someday- tremendous... View More

Matthew Morris
Matthew Morris
answered on May 2, 2023

You ask a question that many founders of nonprofits ask. And lawyers who work with nonprofits inevitably deal with the situation that you fear: a board of directors who develop a different view of the direction to take the organization than the founder's view, resulting in strife and board... View More

2 Answers | Asked in Business Formation for Florida on
Q: How can i transfer or record ownership of an s-corp?
Keith Kanouse
Keith Kanouse
answered on Apr 12, 2023

If you have stock certificates, you can do it by signing an Assignment Separate From Certificate, attached it to your stock certificate, mark cancelled on the stock certificate and issue a new certificate in the new owner's name.

607.0626 Shares without certificates.—...
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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: In need of an FL Business Lawyer. Knowledge in: Startup Online Bussiness: Outsourcing/Recruiting & Offshoring Consulting

I would like to consult with a business lawyer who has experience in the above matter. The business will be registered in FL.

This online business is an Online Platform that will be a database with Offshore workers' information from Europe and Asia.

On the other side... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

You are posting in the Q&A forum. If your goal is to hire an attorney to provide legal services, you may want to search the directory and reach out to a few attorneys directly. Good luck!

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can I sell home to a business partner for the remaining mortage balance (it is an assumable loan) for 65% of business?

We share a business currently 20-80 cut. 20% me, and I’d like to sell them my home for a 65% cut of the business to make it 65%/35% new terms

Keith Kanouse
Keith Kanouse
answered on Mar 13, 2023

Yes provided the mortgagee agrees to the assumption of the mortgage. Try to get a release from the Mortgagee for future obligations under the mortgage. You will have to transfer the home by a deed recorded with the County Clerk and pay documentary stamp taxes on the balance of the mortgage... View More

2 Answers | Asked in Business Formation and Consumer Law for Florida on
Q: My mother in law is retired and wants us to keep her home how can we protect our selves ?

My mother in law retired and she moved to El Salvador she wants us to take over her morgatge and she wants us to keep the house and pay for it , but how can we protect our selves from her not trying to get her house back in a future ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 7, 2023

You would ask her to give you a deed to the property. Be sure to ask the mortgage lender to agree, so as not to trigger the due-on-sale clause of the mortgage.

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: LLC or S Corp for Animal Training and Education business.

My start up company involves animal training and education. I registered as an LLC initially, but recently other business owners have been recommending that I switch to an S Corp. I was told that I would be better protected. Could you please define the differences between the two, pros and cons,... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023

For your purposes, LLC is easier and provides the same advantages, if not more, than an S Corp.

Here is what an AI robot says (I do not agree with No.1 under "disadvantages." )

Advantages and disadvantages of LLC over an S Corp.

Limited Liability Companies (LLCs)...
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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: If I use my full name in my business name such as Jane Doe Notary Services, do I need to register a DBA?
Phillip William Gunthert
Phillip William Gunthert
answered on Feb 23, 2023

Yes, you should register as a DBA, but I would additionally say it is simple enough and you should consider possibly just creating an LLC as well, it looks more professional for a business and if you discuss with an attorney, they can explain how it can create additional potential liability... View More

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