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Florida Business Formation Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: Hi, if it takes up 8 weeks for my LLC to be processed by the state of florida do I have to wait until then to operate?
Keith Kanouse
Keith Kanouse
answered on Jan 5, 2023

My experience with filing Articles of Organization via e-fax is it becoming effective the next business day. I have never had to wait 8 weeks. When you file the Articles of Organization specify an effective date 5 business days before the filing date. See Section 605.0702 of the Florida Statutes.

1 Answer | Asked in Business Formation, Business Law and Contracts for Florida on
Q: Is a verbal agreement to partnership in a business enforceable in regards to opening a business?

A business agreement was drawn up with an LLC but not signed.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2022

Florida law recognizes oral agreements in some situations- its the duration of the agreement more so than the nature of the agreement. However, in order for an oral agreement to bind, a court would have to determine that both parties acknowledge that there was an agreement made (meeting of the... View More

1 Answer | Asked in Business Formation for Florida on
Q: Want to add "co." to my business name, it is established as an LLC. Do I need to file a DBA?

I just filed an LLC in the state of Florida. The name is "Alternative Hair, LLC". I want to do all of my branding and marketing under the name "Alternative Hair Co." Or "Alt Hair Co.". It's my understanding that an LLC is a "Co." (company) and that I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

No.

"Corporations" are companies and can use "Co." in their title. They can also use the words "Corporation," "Company," "Incorporated," and "Inc."

LLCs are not "corporations." They are limited liability companies and must use "LLC."

Try to get a d/b/a.

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 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.

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.

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!

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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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for Florida on
Q: Florida sells land by what treaty?

It is important to know what Treaty Florida uses to sell land.

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2023

Hi, there is more information needed to answer this question properly. The State of Florida can acquire properties in foreclosure for unpaid taxes and other surplus lands pursuant to the Murphy Act. Please provide additional information.

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1 Answer | Asked in Business Formation, Tax Law and Business Law for Florida on
Q: I have a LLC in Florida for a service I provide. Do I need licenses to provide that service outside of Florida?

I am a yacht teak deck installation specialist. I have an LLC in Florida for this service. This is a service only and does not involve the selling or reselling of anything. Usually I am sub contracted by other teak decking companies. I have some contract work along the West Coast lined up in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 9, 2023

You would have to check those other jurisdictions.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: How can I remove a foreign partner from my LLC ? he doesn't want to be in it anymore. Do I need to buy his shares?

How do I document the entire process and modify the corporation articles?

Michael  Mayoral
Michael Mayoral
answered on Aug 12, 2022

It depends on a couple of things. First, what does the operating agreement say about the withdrawal of members. If there is no operating agreement, then the withdrawal has to comply with Florida's LLC act. This isn't an expensive thing for a business lawyer to do, but you should really... View More

1 Answer | Asked in Business Formation, Business Law and Land Use & Zoning for Florida on
Q: Hello, I am interesting in leasing a suite and then renting out the rooms to licensed stylist or lash artists

What are the legal implications for doing this in Florida? What is the employer or technically landlord responsible for? Thank you

Keith Kanouse
Keith Kanouse
answered on Aug 9, 2022

I have a client that has done this as a franchisee. You have to find a location and negotiate a master lease with the landlord with the landlord understanding that you will be subdividing and subleasing the premises to various subtenants. You need to check that the zoning will allow the intended... View More

1 Answer | Asked in Business Formation, Business Law and Civil Rights for Florida on
Q: Can a non-compete keep me from doing anything HVAC related with anyone for a year in Florida?

The paper restricts all HVAC jobs, both as an owner and employee for a 50-mile radius of a territory where he makes the most money. Im scared to sign it. It's an entire year id be unable to work in the industry if I left for any reason.

Keith Kanouse
Keith Kanouse
answered on Jul 21, 2022

The covenant not to compete will probably be enforceable as it appears reasonable in time, scope, duration and protects the legitimate interest of the owner.

1 Answer | Asked in Business Formation for Florida on
Q: Can an authorized member of an LLC remove another authorized member from bank account?

My boyfriend and I started a Handyman business in Jan 2021. At the time, an LLC was established and he was listed as the single member. We decided to set it up that way until it was decided I was staying in FL with him. I do all of the accounting and I was a joint owner on the business bank... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2022

It appears you may have to file suit to establish your rights. Confer with an attorney.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Dissolving Florida LLC answer "A description of occurrence that resulted in the limited liability company's dissolution"

I'm dissolving a Florida LLC and on the form it asks for "A description of occurrence that resulted in the limited liability company's dissolution" and I'm not sure of how to answer.

My operating agreement states:

The Company will operate until terminated... View More

Keith Kanouse
Keith Kanouse
answered on Jun 23, 2022

If the members have decided to dissolve the LLC, you should have a resolution contained in a Consent of Members in Luie of a Special Meeting signed by all members. You can then check the appropriate box.

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1 Answer | Asked in Business Formation for Florida on
Q: We have a nonprofit in Ohio, we are looking to bring our services to Florida. What do I need to do, legally for Fl?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 2, 2022

If you will have a presence in Florida, you have to domesticate your Ohio nonprofit here in Florida.

1 Answer | Asked in Business Formation for Florida on
Q: When do updated articles of formation go into effect for an LLC? when filed or received by state office?

I filed an LLC, and then realized I made a mistake, an hour later. Assuming I have to send in an amendment to the state, when does that become legally binding? When does the LLC become recognized as a multi member llc and not as a single member ? I am setting up the LLC to give some of my assets a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2022

The articles should be file-stamped to show the date when they received it, even if they are unable to update the web site (Sunbiz, if Florida) immediately.

3 Answers | Asked in Business Formation and Business Law for Florida on
Q: How can you change the percentage of ownership in the state of Florida for an llc?
Phillip William Gunthert
Phillip William Gunthert
answered on May 10, 2022

You would want to speak with a Florida Business Attorney and make changes to the LLC Operating Agreement and you would want to make any applicable changes to the Florida Department of State documents as they relate to business and ownership via an amendment probably as well.

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