Lawyers, Answer Questions  & Get Points Log In
Florida Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Does a percentage owner of a Florida LLC need to be registered as a member with the state? can it be internally only?
Keith Kanouse
Keith Kanouse
answered on Apr 21, 2022

You do not have to register as a member. Your ownership should be reflected in the Operating Agreement.

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: When filing for an LLC is there a way to keep legal name private from public record?

I will be working under and doing business under a pen name and would like to keep my legal name as private as possible (I know there are limits to this) to separate this business from personal life. When filing for an LLC I understand that you can protect your address with a registered agent but... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2022

You can use series LLC, which would have to be registered in another state (FL does not have such a thing), then you register a business in FL. If you only register in FL, your name will have to be listed as an officer, but in other states it is not the same requirement.

Good luck.

View More Answers

1 Answer | Asked in Business Formation for Florida on
Q: Do I need to be a licensed CPA to start a payroll business in Florida?

Basically I am taking a short payroll course with NACPB. After I finish the course I plan on running payroll for my brothers business to start off. Once I gain experience I plan on taking in other clients for their payroll needs. I just wanted to know if a CPA license or anything along those lines... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 7, 2022

Florida does not require the owners of a "payroll bookkeeping business" to be CPAs.

However, I would bet that the Florida Department of Financial Services in Tallahassee has some level of certification and licensing requirements for this kind of financial because you will be dealing with OPM.

1 Answer | Asked in Business Formation for Florida on
Q: I am starting a single member LLC in Florida. I want my personal and business tax to be separately filed. What form?

I believe I need to fill out up for an 8832 but not sure what to select.

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Mar 24, 2022

It depends on what you mean by having your business tax and personal tax returns filed separately. The following answer has some information that you appear to already know, but I'll give a full explanation for those who don't. The answer you're likely looking for is at the end.... View More

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I own an LLC that sells trending fashion on its business website. Can I start/run any new companies under the same LLC?

My current LLC sell female fashion apparel, shoes, intimates, & accessories. But there is some businesses that are very similar to mine that I have the right connections to start a new business per that product category or service. Can I run a new similar business under my LLC? Or better yet,... View More

Keith Kanouse
Keith Kanouse
answered on Mar 13, 2022

All income from a LLC is subject to employment taxes. Discuss with your accountant on making a special election for your LLC to be treated like an S corp. This will give you the ability to have a reasonable salary to subject to employment taxes and any excess income treated as a distribution not... View More

View More Answers

3 Answers | Asked in Business Formation, Business Law and Real Estate Law for Florida on
Q: Do I need to put each of my corporate leases into separate LLC for asset protection?

I have started a short term rental business and I am trying to scale.

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 27, 2022

Rental business/property tends to be a high liability type of business and therefore you need to be sure to keep the business/properties compartmentalized from one another by limiting your potential exposure by separating all your businesses as much as you can. Separate LLC business entities is a... View More

View More Answers

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Hi can I start a sole propietorship at 17 without parental consent in Florida
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2022

Legal age in Florida is 18. You can work at 17 but there are restrictions as to how early/late and how long you can work in a day.

Sole proprietorship simply means you work for yourself without the protection of a legal entity. You could do that. You will have difficulty entering into...
View More

2 Answers | Asked in Business Formation for Florida on
Q: Me and my husband is married and he started a business. I help him paint.can he draw up papers for his son to get our

Money.. or does it come to me

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 11, 2022

It's very unclear what you are asking about. Are you asking about your husband writing a will which would leave his assets to your son when he dies?

View More Answers

2 Answers | Asked in Business Formation for Florida on
Q: Do I need two DBAs registered to use an anacronym and the full name for my business?

I'm starting a business in Florida and planning out my business name. I'd like the business to be known by an anacronym and by its full name. Do I need to register two DBAs?

Specifically, it's a ceramics business that I want to call "St. Lucie Inlet Pottery" or... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 10, 2022

I think you mean "acronym".

https://en.wiktionary.org/wiki/acronym

View More Answers

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I'm starting a business as a sole proprietor in Florida do I need a DBA to use my initial and last name?

Specifically, I'm starting a business in Florida as a sole proprietor and want my business name to be my first initial, last name, and the word "Design" e.g. A. Smith Design. Do I need a DBA for this or does this meet the requirement for use of my legal name?

Advice is greatly appreciated.

James W. Martin
James W. Martin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2022

See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html

1 Answer | Asked in Business Formation for Florida on
Q: Creating S Corp for purposes of investing

I would like to become a day trader of stocks and cryptocurrencies and saw S Corps may provide many tax benefits. I live in Florida. Would an S Corp allow me to pay less taxes / should I incorporate overseas in a tax haven such as the Cayman Islands?

Thank you,

Keith Kanouse
Keith Kanouse
answered on Feb 8, 2022

An S corp is superior to a regular or C corporation or a limited liability company. You would form a Florida corporation and within 75 days complete and file IRS Form 2553 with the IRS. Assuming your venture is profitable, you may be able to pay yourself a "reasonable" salary (subject... View More

2 Answers | Asked in Business Formation, Business Law, Contracts and Tax Law for Florida on
Q: Is there anyone that can help me with my business from the ground up?
Phillip William Gunthert
Phillip William Gunthert
answered on Feb 8, 2022

Yes, a Florida Business Attorney, you will want to speak with a Business Attorney, and they will be able to help you create your LLC, applicable Operating Agreement, register your business with the state, explain liability issues and keeping the business separate from yourself, filing for a more... View More

View More Answers

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Am I able to use the word "Productions" in my company name for an online resale business?
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2022

why not? unless there is a reason for your asking...

1 Answer | Asked in Business Formation for Florida on
Q: I have a single member LLC in Florida. Is it a bad or good idea to add my 18 years old son to the LLC?

For asset protection I need a multi member LLC

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 21, 2022

Where did you get the idea that a multi-member LLC is needed for "asset protection"? The owner or owners of a legitimate limited liability company are not generally liable for the debts of the LLC. On the other hand, creditors of the owners may levy upon a LLC (and its assets) to... View More

1 Answer | Asked in Business Formation and Trademark for Florida on
Q: is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business ?

is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?

Linda Liang
Linda Liang
answered on Jan 18, 2022

You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.

1 Answer | Asked in Business Formation for Florida on
Q: I had a question about corporate governance - professional association (PA) vs LLC in florida

I'm part of a non-physician-owned group that acquired a professional association in a stock purchase with another LLC. I got feedback that an LLC cannot own a PA. Do I need to change the PA entity - articles of incorporation, etc.

Linda Liang
Linda Liang
answered on Jan 11, 2022

The central issue is not the PA, per se. It is splitting the fees. In general, physicians are prohibited to split fees with non-physicians. A few exceptions exist. One of them is exception to corporate practice where they do not hold out to the public as health care clinic. Some of the examples are... View More

3 Answers | Asked in Business Formation, Contracts, Mergers & Acquisitions and Probate for Florida on
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT

DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 15, 2021

I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current... View More

View More Answers

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Business Formation for Florida on
Q: If I paid for a plastic surgery procedure in full and have a receipt can that company charge me extra if they increase…

Their prices?.. I paid for a plastic surgery procedure and decided to do the procedure at a later date when the date arrive the plastic surgery place stated that the price of the procedure have increased but I have already paid it in full at an earlier time do they have the right to charge me an... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2021

A Florida attorney could advise best, but your question remains open for three weeks. A basic doctrine of contract law that holds true nationwide is that the terms of a valid contract agreed upon by both sides will apply. But that is a general textbook principle. A Florida attorney who reviewed the... View More

View More Answers

3 Answers | Asked in Business Formation for Florida on
Q: I’m part of a Business where I have a lower percentage than everyone else. Do I invest equally? Or based on my percentag

We have been investing based on percentage.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 26, 2021

You should review your business documents such as your Corporate Bylaws or LLC Operating Agreement. You would want to contact an attorney and have them take a look at the documents that you do have in place, and if there are none in place then it goes to state default statutes. You really need to... View More

View More Answers

2 Answers | Asked in Business Formation for Florida on
Q: Can I have a copyrighted word in my business name? (LLC)

The word is Expedair. Looks like it is an Air Cananda copyrighted word for one of their services.

Michael  Mayoral
Michael Mayoral
answered on Oct 14, 2021

This could amount to trademark infringement. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. This... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.