Can I Form an LLC in Delaware If I Live in Florida?
A limited liability company can be formed in the state of Delaware, even if you live in Florida. Delaware is a popular state to form an LLC, due to a favorable tax climate and a knowledgeable business court system. If you plan to operate your Delaware LLC in the state of Florida, you will be required to get a certificate of authority from the Florida Department of State before making any business transactions in Florida.
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Name
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Prior to completing formation documents, confirm the availability of your LLC's business name using the Delaware Department of State website. The name of your LLC must be distinguishable from the business name of other entities that are registered in Delaware. The name of your Delaware LLC must include the phrase "limited liability company," or the appropriate abbreviation. Avoid using words or phrases that imply your company has an affiliation with a government agency, insurance company or banking institution.
Certificate of Formation
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Every LLC formed in Delaware must file a certificate of formation with the Delaware Department of State. The department provides a fill-in-the-blank certificate of formation that can be obtained in person, by mail or online using its website. Include information in the certificate of formation such as the name and address of the business, as well as the reason for forming the company. List each person or business responsible for filing the company's certificate of formation with the state. Complete a cover sheet by providing your name, the name of the Delaware LLC, your phone number and address. As of 2010, you must pay a fee of $89 to file a certificate of formation in Delaware. The certificate of formation may be faxed to 302-739-3812, or delivered in person or by mail to the John G. Townsend Bldg., 401 Federal St., Suite 4, Dover, DE 19901.
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Registered Agent
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You must name a registered agent that will accept your LLC's legal documents. Your LLC may act as its own registered agent as long as you have a physical address in Delaware. If you do not have a physical address in the state, select an adult or a business that is registered with the Delaware Department of State to act as your LLC's registered agent. The name and physical address of your LLC's registered agent must be listed in the certificate of formation. A registered agent in Delaware may not use a P.O. Box address.
Considerations
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LLCs formed in Delaware are allowed to hold company meetings anywhere in the world. This means you will be allowed to hold meetings and basically operate your LLC in Florida. If you plan to do business in Florida, you will be required to register the LLC with the Florida Department of State. If you conduct business in Florida without registering with the department, penalties and fines will be assessed to the company. As a condition of forming an LLC in Delaware, you will be required to pay an annual tax of $250 to the state of Delaware, as of 2010.
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