How to Incorporate in the State of Florida

Incorporating in Florida requires the completion of state documents.

The state of Florida has no personal income tax. As such, shareholders of businesses incorporated in Florida under the "S" status are not taxed on their earnings from the business. Incorporating a business in the state of Florida requires making sure the business name is legal and available. Businesses must file "Articles of Incorporation" or "Articles of Organization" depending on their organizational structure. These documents along with a filing fee are required by the state's Division of Corporations.

Instructions

1. Make sure your company's name is legal under Florida statute. A company name may not contain language "stating or implying that the corporation is connected with a state or federal government agency" or that it is a corporation chartered under the laws of the United States. The abbreviation for "limited" or "Ltd." is not an acceptable corporate ending.

2. Check that your company's name is available. Go to the Florida Department of State Division of Corporations website at www.sunbiz.org and click on "Search Our Records" to check availability.

3. Hold an "organizational meeting" to determine the number of company shares and percentage of company ownership for each shareholder or member.

4. Designate a registered agent for the company or the person that will "accept service of process on behalf of a business entity."

5. Complete the "Articles of Incorporation" or "Articles of Organization" from the Florida Department of State Division of Corporations. Corporations you must file "Articles of Incorporation" and LLCs or Limited-Liability Corporations must file "Articles of Organization."

6. File articles and pay the appropriate filing fee. Filing fees for Florida profit and nonprofit corporations are $70. An additional $8.75 is required for each certified copy or certificate of status requested.

Tips & Warnings

• If the company will be doing business under a name different from the filed corporation or LLC name, you can file a Florida DBA (Doing Business As) in the county where the company is located. This allows you to open a bank account and accept payment under the different name.

• You can file documents and pay fees online at www.sunbiz.org. Filing forms can also be obtained online (See Resources).

References

• Florida Department of State Division of Corporation: Frequently Asked Questions
• Florida Department of State Division of Corporation: Doing Business in Florida
• Florida Department of Revenue: Doing Business in Florida --- What Taxes Are Required?
• Florida Department of Revenue: Florida's Corporate Income Tax

Resources

• Florida Department of State Division of Corporation: Forms
• Business: Starting a Business in Florida