How to Incorporate One's Self in Florida
There are many reasons a person might want to incorporate a business in his own name. Perhaps you are a consultant and want to build a brand around your own name or you have been conducting business as a sole proprietor and now want the protection of separating business affairs from personal affairs. In any case, a person can incorporate under his own name or any name that is not in use by another corporation in a state of the person's choosing.
In Florida, incorporation is handled by the Corporations Division of the Department of State. The state maintains a website (sunbiz.org) with instructions, templates and an electronic filing system that makes it simple for the average person to incorporate a business by filing out a form and providing basic business information.
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Instructions
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Choose a version of your name that will serve as the official name of the corporation. Florida law requires that each business name be unique and that corporations append the word "Incorporated" or "Corporation," or an abbreviation of the word to each business name to let the public know that the business is operating as an independent legal entity. If you are using your own name to incorporate business activities, the format of your business name might be "First Name Last Name, Inc." or "First Initial Middle Initial Last Name, Inc." Alternatively, you can choose a completely unrelated name for the business activities that you were once conducting as an individual.
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Check the Florida business entity database to make sure the business name you want to use is not already in use by another business. If your name is fairly common, you might find that another business is operating in Florida under that name. Navigate to sunbiz.org and click on the "Look up a Business Name" link on the side menu. Conduct a search, and if the name you want to use is not in the database, it is likely available for use.
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Select a format to prepare articles of incorporation. The Florida Division of Corporations enables two methods for preparing articles of incorporation: downloading a template that can be filled out on your computer, printed and filed in hard copy; or filling out an articles of incorporation form through the electronic filing system.
If you want to use the electronic system, click on the "Electronic Filing" link on the side menu at sunbiz.org. If you want to file the articles in hard copy, click on the "Print Filing Forms" link and follow with the "Florida Corporation (Profit and NonProfit)" link. Download the document "Profit Articles of Incorporation." Note: if you use the electronic system you must pay the filing fee by credit card.
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Prepare the articles of incorporation. The template provided by Florida asks for the minimum information required by law for an acceptable filing. If your corporate structure is more complex, there may be additional provisions that you might want to add to the articles, but for the average corporation the basic format provided by the state is sufficient. Information that must be provided: corporation name; the principal place of business (a physical address) and mailing address of the corporation; the number and value of the initial authorized shares of stock; the name and address of a registered agent; and the name and address of the person filing the paperwork (the "incorporator").
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File the articles of incorporation with the state. Articles of incorporation can be filed in hard copy by mail or in person, or can be filed electronically through sunbiz.org. All filings must be accompanied by the applicable filing fee. You will be deemed incorporated as of the day the filing is accepted by the state.
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Tips & Warnings
There are filing companies that will handle the preparation and filing of the articles of incorporation for you.
Make sure that incorporation is the right entity structure for your business activities. Operating a corporation, even a small one, comes with a significant administrative burden on the federal and state level, tax consequences and corporate fees that may make the structure problematic for the small business. Investigate using the limited liability company structure that provides many of the advantages of a corporation without some of the disadvantages. Consult a business expert, attorney or accountant to properly assess your business needs.
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